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CITY OF AUSTIN v. TRAVIS COUNTY LANDFILL

No. 00-0944.

73 S.W.3d 234 (2002)

CITY OF AUSTIN, Petitioner, v. TRAVIS COUNTY LANDFILL COMPANY, L.L.C., Respondent.

Supreme Court of Texas.

Decided March 28, 2002.

Rehearing Overruled May 30, 2002.

Attorney(s) appearing for the Case

Pamela Stanton Baron, David Allan Smith, Asst. City Atty., Andrew Dwight Martin, City Atty., Reynolds Miller Shelton, Asst. City Atty., Austin, James D. Ossyra, Hopkins & Sutter, Chicago, IL, for petitioner.

John N. McClish, Womack & McClish, Austin, for respondent.

Justice O'NEILL delivered the opinion of the Court.

In this case we consider the constitutional standard necessary to establish a "taking" of private property by aircraft overflights under the Texas Constitution. See Tex. Const. art. I, § 17. Purporting to follow United States v. Causby, 328 U.S. 256, 66 S.Ct. 1062, 90 L.Ed. 1206 (1946), the court of appeals affirmed the trial court's compensation award to the property...

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