1. Home
  2. Browse Decisions
  3. F.3d
  4. 369 F.3d
  5. 369 F.3d 882 (2004)
 

VULCAN MATERIALS CO. v. CITY OF TEHUACANA

No. 02-51182.

369 F.3d 882 (2004)

VULCAN MATERIALS COMPANY, Plaintiff-Appellant, v. The CITY OF TEHUACANA, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

May 21, 2004.

Attorney(s) appearing for the Case

Angus E. McSwain (argued), Donald K. Dorsett, Fulbright, Winniford & Marable, Waco, TX, Deborah Pearce Reggio, New Orleans, LA, for Plaintiff-Appellant.

Charles D. Olson (argued), Charles Alfred Mackenzie, Michael W. Dixon, Haley & Davis, Waco, TX, for Defendant-Appellee.

Scott N. Houston, Texas Municipal League, Austin, TX, for Texas Municipal League and Texas City Attorneys' Ass'n, Amici Curiae.

Before JOLLY and WIENER, Circuit Judges, and WALTER, District Judge.

E. GRADY JOLLY, Circuit Judge:

Vulcan Materials Company ("Vulcan") owns a land lease with the right to mine limestone. The problem is that a substantial part of the land and the mining is within the boundaries of the City of Tehuacana ("the City") in Limestone County, Texas. The City passed an Ordinance in 1998 forbidding quarrying or mining activities within the City limits. Vulcan contends that the Ordinance constitutes a public taking and violates its rights under...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases