CITY OF HOUSTON v. TRAIL ENTERPRISES, INC.

No. 08-0413.

300 S.W.3d 736 (2009)

CITY OF HOUSTON, Petitioner, v. TRAIL ENTERPRISES, INC. d/b/a Wilson Oil Company, et al., Respondents.

Supreme Court of Texas.

Rehearing Denied February 12, 2010.


Attorney(s) appearing for the Case

Frederick D. Junkin, J. Mark Breeding, Paul S. Radich, Andrews Kurth LLP, Denise Lastnick Miller, City of Houston Legal Dept., Houston, for Petitioner.

Philip E. McCleery, Peter K. Rusek, Sheehy, Lovelace & Mayfield, P.C., Rex D. Davis, Waco, Stephen E. McCleery, The McCleery Law Firm, Houston, for Respondents.

Scott N. Houston, Austin, for Amicus Curiae.


PER CURIAM.

In this inverse condemnation case, we consider whether the court of appeals erred by rendering a money judgment against the City of Houston on mineral interest owners' regulatory takings claims. We hold that it did. Because the trial court never entered a final judgment on the jury verdict, the court of appeals' rendition of judgment prevents the City from properly challenging the judgment. We, therefore, reverse the court of appeals' judgment and remand...

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