Former condominium unit owners filed suit against city for inverse condemnation. The County Court granted city’s plea to jurisdiction, and owners appealed. The Court of Appeals reversed and remanded. City’s petition for review was granted.
The Supreme Court of Texas held that owners failed to allege regulatory taking, as required to state claim for inverse condemnation.
Condominium unit owners’ allegations that city did not specify alleged building code violations and that punishment, namely, order to vacate property within 31 days, was excessive, that safety regulations were misapplied vis-a-vis their property, and that city’s procedure failed to afford them constitutionally adequate notice or hearing, did not allege regulatory taking of their units, as required to state claim for inverse condemnation.