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KIRBY LAKE DEV. v. CLEAR LAKE CITY WATER

No. 14-06-00924-CV.

321 S.W.3d 1 (2008)

KIRBY LAKE DEVELOPMENT, LTD., Miter Development Company, and Taylor Lake, Ltd., Appellants, v. CLEAR LAKE CITY WATER AUTHORITY, Appellee.

Court of Appeals of Texas, Houston (14th Dist.).

August 5, 2008.

Attorney(s) appearing for the Case

Lawrence J. Fossi , Karen B. Jewell , for Appellants.

Barry Abrams , Ramon G. Viada III , for Appellee.

Panel consists of Justices FOWLER, FROST, and SEYMORE.

MEMORANDUM OPINION

KEM THOMPSON FROST, Justice.

This is an appeal from the dismissal of inverse-condemnation claims filed by three developers against a water authority. We conclude that the facts alleged in the petition show an affirmative defense to the inverse-condemnation claims, namely that the developers consented to any alleged taking by the water authority. Accordingly, we affirm the trial court's dismissal for lack of subject-matter jurisdiction...

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