STATE v. DELANY

No. 04-0628.

197 S.W.3d 297 (2006)

The STATE of Texas and the Texas Department of Transportation, Petitioners, v. George M. DELANY and Patricia Ann Delany, Respondents.

Supreme Court of Texas.

Rehearing Denied August 25, 2006.


Attorney(s) appearing for the Case

Susan Desmarais Bonnen, Greg Abbott, Atty. Gen., Barry Ross McBee, Edward D. Burbach, Grady Click, Cavitt Wendlandt, Lisa M. Nieman, Austin, for Petitioners.

Billy Coe Dyer, H. Dixon Montague, Catherine B. Smith, Vinson & Elkins, L.L.P., Houston, for Respondents.


PER CURIAM.

In this inverse condemnation case, the owner of raw land recovered a judgment for 90 percent of the property's value based on alleged impairment of access. A few months after the court of appeals affirmed, we held in County of Bexar v. Santikos that when a tract has "no businesses, homes, driveways, or other improvements of any kind," an impairment claim cannot be sustained on the basis that "someday a developer might want to build a driveway at...

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