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KOPPLOW DEVELOPMENT v. CITY OF SAN ANTONIO

No. 11-0104.

399 S.W.3d 532 (2013)

KOPPLOW DEVELOPMENT, INC., Petitioner, v. The CITY OF SAN ANTONIO, Respondent.

Supreme Court of Texas.

Decided March 8, 2013.

Rehearing Denied June 21, 2013.

Attorney(s) appearing for the Case

Dan W. Foster , John N. McClish , Sue Wall , Womack McClish Wall , Foster Brooks, PC, Austin TX, for Petitioner Kopplow Development, Inc.

Dan Pozza , Law Offices of Dan Pozza, Jose Ruben Hinojosa , Paul D. Barkhurst , Barkhurst & Hinojosa, P.C., L. Eric Friedland , Assistant City Attorney, Michael D. Bernard , City Attorney, Norbert J. Hart , Deputy City Attorney, San Antonio, TX, for Respondent The City of San Antonio.

Justice GUZMAN delivered the opinion of the Court.

In this case we determine whether an inverse condemnation claim is premature when premised on the owner's inability to develop its property as the city previously approved. The landowner purchased the property for the purpose of developing the land, obtained permits, and filled the portion of the property at issue in this proceeding to the 100-year flood level. The municipality then constructed a facility partly on...

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