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RBIII, L.P. v. CITY OF SAN ANTONIO

No. 11-50626.

713 F.3d 840 (2013)

RBIII, L.P., Plaintiff-Appellee v. CITY OF SAN ANTONIO, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

April 23, 2013.

Attorney(s) appearing for the Case

Stephen Tyler Rutherford , Daniel R. Rutherford , Rutherford & Rutherford, P.L.L.C., San Antonio, TX, for Plaintiff-Appellee.

Jacqueline Marie Stroh , Samuel C.W. Adams , City Attorney's Office for the City of San Antonio, San Antonio, TX, for Defendant-Appellant.

Before DeMOSS, SOUTHWICK, and HIGGINSON, Circuit Judges.

DeMOSS, Circuit Judge:

This appeal arises from a dispute between the City of San Antonio (the "City") and RBIII, L.P. ("RBIII"). On January 10, 2008, the City demolished a dilapidated building (the "Structure") located at 814 South Nueces Street (the "Property") in San Antonio, Texas. It is undisputed that the City did not provide notice to RBIII, the owner of the Property, before razing the Structure. RBIII filed suit against the City, asserting a host of state and...

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