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CITY OF CARROLLTON v. HEB PARKWAY SOUTH

No. 2-09-179-CV.

317 S.W.3d 787 (2010)

CITY OF CARROLLTON, Appellant, v. HEB PARKWAY SOUTH, LTD. and HEB/Medical Parkway, Ltd., Appellees.

Court of Appeals of Texas, Fort Worth.

Rehearing Overruled July 29, 2010.

Reconsideration En Banc Denied July 29, 2010.

Attorney(s) appearing for the Case

George Staples, Daniel R. Barrett, Fredrick "Fritz" Quast, Jenny Gravley, Taylor, Olson, Adkins, Sralla & Elam, L.L.P., Fort Worth, TX, R. Clayton Hutchins, City Attorney, Carrollton, TX, for Appellant.

Eddie Vassallo, Charles A. Salazar, Law Offices of Eddie Vassallo, P.C., Jenna P. Wright, Law Offices of Jenna Wright, P.C., Dallas TX, Richard H. Kelsey, Kelsey, Kelsey & Hickey, PLLC, Denton, TX, for Appellees.

PANEL: DAUPHINOT, McCOY, and MEIER, JJ.

OPINION

LEE ANN DAUPHINOT, Justice.

This appeal arises from the trial court's denial of the plea to the jurisdiction filed by the City of Carrollton ("the City") on takings claims brought by HEB Parkway South, Ltd. and HEB/Medical Parkway, Ltd. (collectively, "HEB"). In two issues, the City argues that the trial court erred by denying its plea to the jurisdiction on HEB's regulatory takings claims and on HEB's physical takings claim. Because we hold that...

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