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PRESTON HOLLOW CAPITAL v. COTTONWOOD DEV. CORP.

No. 21-50389.

23 F.4th 550 (2022)

PRESTON HOLLOW CAPITAL, L.L.C., Plaintiff-Appellant, v. COTTONWOOD DEVELOPMENT CORPORATION; The City of Hutto, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Filed January 14, 2022.

Attorney(s) appearing for the Case

Eric Wolf Pinker , David Steven Coale, Esq. , Samuel Butler Hardy, IV , Attorney, Lynn Pinker Hurst & Schwegmann, L.L.P., Dallas, TX, for Plaintiff-Appellant.

George Edward Hyde, Esq. , Bradford Eugene Bullock, Esq. , Jonathan William Needle , Russell Rodriguez Hyde Bullock, L.L.P., Georgetown, TX, for Defendants-Appellees.

Before Higginbotham, Smith, and Ho, Circuit Judges.

Preston Hollow Capital, L.L.C. contends that the city of Hutto and the Cottonwood Development Corporation committed an unconstitutional taking of private property when they failed to return $15 million that Preston Hollow loaned to Cottonwood for the city's benefit.

We decline this invitation to constitutionalize...

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