HARRIS COUNTY FLOOD CONTROL DIST. v. KERR

NO. 13-0303.

485 S.W.3d 1 (2015)

HARRIS COUNTY FLOOD CONTROL DISTRICT and Harris County, Texas, Petitioners, v. Edward A. and Norma KERR, et al., Respondents.

Supreme Court of Texas.

Opinion Delivered: June 12, 2015.

Rehearing Granted February 19, 2016.


Attorney(s) appearing for the Case

Amy Warr , Kevin H. Dubose , Alexander Dubose Jefferson & Townsend LLP, 515 Congress Ave., Suite 2350, Austin, TX, for Petitioners Harris County Flood Control District and Harris County, Texas.

Brett Wagner , Doherty Wagner LLP, 13810 Champion Forest Dr., Suite 225, Houston, TX, Daryl L. Moore , Daryl L. Moore, P.C., 1005 Heights Blvd., Houston, TX, James B. Blackburn Jr. , Mary Conner , Blackburn Carter, P.C., 4709 Austin Street, Houston, TX, for Respondents Edward Kerr and Norma Kerr.

John B. Dahill , Texas Conference of Urban Counties, 500 W 13th St., Austin, TX, for Amieus Curiae Texas Municipal League and Texas Association of Counties.


In this inverse condemnation case, we consider whether homeowners raised a fact question as to the elements of a taking. The homeowners blame their county and flood control district for approving new development...

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