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CITY OF HOUSTON v. NORCINI

No. 01-09-00426-CV.

317 S.W.3d 287 (2009)

CITY OF HOUSTON, Appellant, v. Bruce A. NORCINI, Appellee.

Court of Appeals of Texas, Houston (1st Dist.).

November 19, 2009.

Attorney(s) appearing for the Case

Bertrand L. Pourteau II, City Attorney, Cora Garcia, The City of Houston Legal, Houston, TX, for Appellant.

J. Marcus Hill, Hill & Hill, Attorneys At Law, Houston, TX, for Appellee.

Panel consists of Justices JENNINGS, HIGLEY, and SHARP.

OPINION

LAURA CARTER HIGLEY, Justice.

In 2006, the City of Houston ("the City") amended its flood-control ordinances. Under the amendment, new residential construction was severely restricted on property located in a floodway. Appellee, Bruce A. Norcini, sued the City alleging that the 2006 amendment constituted an unconstitutional taking of his property, which was in a floodway. Norcini claimed that the amendment effectively deprived him use of his property...

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