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TRAIL ENTERPRISES, INC. v. CITY OF HOUSTON

No. 10-05-00382-CV.

255 S.W.3d 105 (2007)

TRAIL ENTERPRISES, INC. d/b/a Wilson Oil Company, Thomas G. Rogers, Catherine Baumann, Carolyn Whipple, Mrs. S. Kelley Bruce, John Hobbs Kelley, Mary Virginia Kelly Ingram, Daystar Oil and Gas Corporation, John Alexander, Rebecca Bruce Jones, Eleanor Bruce McReynolds, Robert D. Bruce, and Intervenor, Mary Bruce, Appellants, v. The CITY OF HOUSTON, Appellee.

Court of Appeals of Texas, Waco.

Opinion Withdrawing Judgment on Rehearing April 9, 2008.

Attorney(s) appearing for the Case

Philip E. McCleery, Sheehy, Lovelace & Mayfield PC, Waco, Stephen E. McCleery, Houston, for appellants.

J. Mark Breeding, Andrew & Kurth LLP, Elizabeth L. Stevens, City of Houston Legal Dept., Houston, for appellee.

Before Chief Justice GRAY, Justice VANCE, and Justice REYNA.

OPINION

BILL VANCE, Justice.

This appeal concerns Trail Enterprises' inverse-condemnation claim against the City of Houston for an ordinance prohibiting oil drilling on Trail's property near Lake Houston. "An inverse condemnation occurs when property is taken for public use without process or without proper condemnation proceedings, and the property owner attempts to recover compensation therefor." Tarrant...

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