ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT'S MOTION FOR SUMMARY JUDGMENT
KENT, District Judge.
In its Original Petition filed on August 20, 1993 in the 344th Judicial District Court of Chambers County, Texas, Plaintiff Mont Belvieu Square, Ltd. ("MBS") asserted claims under the Texas Constitution for a "taking" of property and for violations of the Due Process and Equal Protection Clauses. MBS later amended its pleadings to include causes...
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