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CITY OF VAN ALSTYNE v. YOUNG

No. 05-04-00209-CV.

146 S.W.3d 846 (2004)

CITY OF VAN ALSTYNE, Appellant, v. Steven and Abi YOUNG, Appellees.

Court of Appeals of Texas, Dallas.

October 28, 2004.

Attorney(s) appearing for the Case

Clark H. McCoy, Jr., Wolfe, Clark, Henderson, Tidwell & McCoy, Sherman, for Appellant.

Michael Craig Wilson and Jennifer Driscoll Jasper, Butrus Khoshbin Wilson Vogt, LLP, Dallas, for Appellee.

Before Justices MORRIS, MOSELEY, and FITZGERALD.

OPINION

Opinion by Justice MORRIS.

In this appeal from a denial of a motion to dismiss for lack of jurisdiction, the City of Van Alstyne contends the trial court erred in concluding it had subject matter jurisdiction over this case. The City brings seven issues arguing, among other things, that its actions did not rise to the level of an unconstitutional taking of property and, therefore, the City did not waive its immunity from suit. Steve and Abi Young...

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