TEXAS SO. UNIV. v. CAPE CONROE PRO. OWNERS ASS'N, INC.

No. 09-07-185 CV.

245 S.W.3d 626 (2008)

TEXAS SOUTHERN UNIVERSITY, Appellant v. CAPE CONROE PROPERTY OWNERS ASSOCIATION, INC., Appellee.

Court of Appeals of Texas, Beaumont.

Decided January 24, 2008.


Attorney(s) appearing for the Case

Greg Abbott, Atty. Gen. of Texas, Leslie Gattis Ginn, Asst. Atty. Gen. of Texas, Austin, for appellant.

Jason M. Bone, Conroe, for appellee.

Before McKEITHEN, C.J., GAULTNEY and HORTON, JJ.


OPINION

HOLLIS HORTON, Justice.

The issue in this case is whether the trial court has subject matter jurisdiction to hear Cape Conroe Property Owners Association, Inc.'s ("Cape Conroe") suit against Texas Southern University ("TSU"). Cape Conroe sued TSU for TSU's failure to pay annual maintenance fees as required by restrictive covenants contained in TSU's deeds to the lots; Cape Conroe alleged a "taking" by virtue of TSU's inverse condemnation of Cape...

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