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CITY OF HOUSTON v. MACK

No. 01-09-00427-CV.

312 S.W.3d 855 (2009)

CITY OF HOUSTON, Appellant, v. Wallace Ray MACK, Jr. and Beryl B. Mack, Appellees.

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

December 22, 2009.

Attorney(s) appearing for the Case

Cora Garcia, Houston, TX, for Appellant.

Bruce D. Mosier, Mosier & McEnrue, P.C., J. Marcus Hill, Hill & Hill, Attorneys at Law, Houston, TX, Appellees.

Panel consists of Justices JENNINGS, HIGLEY, and SHARP.

OPINION

JIM SHARP, Justice.

Wallace Ray Mack Jr. and Beryl B. Mack (the "Macks") filed suit against the City of Houston, claiming that a 2006 amendment to the City's Code of Ordinances regulating development in floodways was an unconstitutional taking of their property, which is located in the floodway. The ordinance at issue was amended again in 2008, before the original filing of this litigation, and the Macks do not complain of any injury after the September...

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