HEARTS BLUFF GAME RANCH, INC. v. STATE

No. 10-0491.

381 S.W.3d 468 (2012)

HEARTS BLUFF GAME RANCH, INC., Petitioner, v. The STATE of Texas and The Texas Water Development Board, Respondents.

Supreme Court of Texas.

Decided August 31, 2012.

Rehearing Denied November 16, 2012.


Attorney(s) appearing for the Case

Edward C. Small , Jackson Walker LLP, Austin, TX, for Amicus Curiae Texas Farm Bureau Texas Association of Dairymen.

Greg White , Attorney at Law, James E. Wren , Baylor Law School, Waco, TX, Terry L. Jacobson , Jacobson Law Firm, P.C., Corsicana, TX, for Petitioner Hearts Bluff Game Ranch, Inc.

Arthur Cleveland D'Andrea , Assistant Solicitor General, Clarence Andrew Weber , Kelly Hart & Hallman LLP, Daniel T. Hodge , First Asst. Attorney General, David S. Morales , Deputy First Assistant Attorney General, Office of the Attorney General of Texas, Greg W. Abbott , Attorney General of Texas, Jonathan F. Mitchell , Solicitor General, Office of the Attorney General, Thomas Haines Edwards , Office of the Attorney General, Environmental Protection, William J. "Bill" Cobb III , Office of the Attorney General, Austin, TX, James C. Ho , Gibson Dunn & Crutcher LLP, Dallas, TX, Kellie Elizabeth Billings-Ray , Office of the Attorney General of Texas, Georgetown, TX, for Respondent State of Texas.


Justice WAINWRIGHT delivered the opinion of the Court, in which Chief Justice JEFFERSON, Justice GREEN, Justice JOHNSON, Justice GUZMAN, and Justice LEHRMANN joined.

The judiciary has a historic duty to uphold constitutional protections of individual liberties.1 But the individual must present a claim countenanced by law. It is not prudent to sanction a seventy million dollar demand against the State of Texas for an alleged taking of a...

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