Texas High Court Revives Developer's Floodplain Project Suit

Law360, Houston (March 8, 2013, 3:20 PM EST) -- Texas’ highest court on Friday ruled the city of San Antonio could be sued for installing drainage infrastructure that will inundate a developer’s land with rainwater during severe storms, even though the flooding has not yet occurred.

The Texas Supreme Court held that because the threat of flooding led the city to impose additional conditions on the land’s development, Kopplow Development Inc.’s suit was “ripe” for consideration, reversing a Fourth District Court of Appeals decision.

“Kopplow’s claim is about development, not flooding,” the opinion said. “Kopplow...
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