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TAUB v. CITY OF DEER PARK

No. D-1589.

882 S.W.2d 824 (1994)

Henry J.N. TAUB, Petitioner, v. CITY OF DEER PARK, Respondent.

Supreme Court of Texas.

Decided June 22, 1994.

Rehearing Overruled September 8, 1994.

Attorney(s) appearing for the Case

Joe G. Roady, Houston, for petitioner.

Marvin B. Peterson, Houston, P.B. Dover, Deer Park, Sheryl Sikes Roper and William A. Olson, Jr., Houston, for respondent.

SPECTOR, Justice, delivered the opinion of the Court, in which PHILLIPS, Chief Justice, HIGHTOWER, HECHT, DOGGETT, CORNYN, GAMMAGE and ENOCH, Justices, join.

This case presents two issues involving rights of land ownership: first, whether a city's refusal to rezone property amounts to an unconstitutional taking; and second, whether a landowner is entitled to recover for damages to the remainder of property when the portion taken divides the remainder tract in half...

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