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HIDDEN OAKS LTD. v. CITY OF AUSTIN

No. 96-50837.

138 F.3d 1036 (1998)

HIDDEN OAKS LIMITED, et al., Plaintiffs, Hidden Oaks Limited, Plaintiff-Appellee-Cross-Appellant, v. The CITY OF AUSTIN, Defendant-Appellant-Cross-Appellee.

United States Court of Appeals, Fifth Circuit.

April 29, 1998.

Attorney(s) appearing for the Case

Roger Joseph Marzulla, Marzulla & Marzulla, Washington, DC, Evangeline Claire Paschal, Akin, Gump, Strauss, Hauer & Feld, Washington, DC, A. Boone Almanza, Austin, TX, for Hidden Oaks Limited.

William T. Deane, Austin, TX, for Defendant-Appellant-Cross-Appellee.

Before JOHN R. GIBSON, JOLLY and EMILIO M. GARZA, Circuit Judges.

EMILIO M. GARZA, Circuit Judge:

Hidden Oaks Limited ("Hidden Oaks") and the City of Austin (the "City") cross-appeal the district court's entry of judgment for Hidden Oaks on claims of breach of contract and procedural due process, its dismissal of Hidden Oaks' substantive due process and takings claims, and its award of $115,000 in attorney's fees to Hidden Oaks. We affirm in part, reverse and vacate in part, and remand.

I

Hidden Oaks owns Stoneridge...

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