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STATE v. BROWNLOW

No. 08-0551.

319 S.W.3d 649 (2010)

The STATE of Texas, Petitioner, v. Charles Lynn BROWNLOW and Marlene H. Brownlow, Respondents.

Supreme Court of Texas.

Decided August 27, 2010.

Attorney(s) appearing for the Case

Greg W. Abbott , Attorney General of Texas, Kent C. Sullivan , David S. Morales , Office of the Attorney General of Texas, Deputy First Assistant Attorney General, Kristina Weber Silcocks , Office of Attorney General, Lisa Marie McClain , Office of the Attorney General, Transportation Division, Susan Desmarais Bonnen , Walter C. Brocato , Office of the Attorney General of Texas, Clarence Andrew Weber , First Assistant Attorney General, Austin, TX, for Petitioner.

William D. Noel , William Guy Arnot III , Houston, TX, for Respondent.

Charles Black McFarland , Joyce, McFarland + McFarland LLP, Houston, TX, for amicus curiae North Fort Bend Water Authority.

Justice JOHNSON delivered the opinion of the Court.

The State obtained an easement to construct a mitigation pond on Charles and Marlene Brownlow's property to collect water that would result from a highway expansion project. The State built the pond and used most of the excavated dirt for highway construction purposes in another location. The Brownlows sued the State for inverse condemnation as to the dirt it removed. The State asserted sovereign immunity from suit...

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