Austin Can't Avoid Developer's Flood Takings Claim

Law360, Dallas (April 30, 2013, 6:20 PM EDT) -- A Texas appeals court said Tuesday that the city of Austin can’t dodge claims from a developer that a street renovation project caused such severe flooding that the developer's property became useless, constituting a nuisance and governmental taking.

GHI Investments LLC owns property in east Austin adjacent to a road-widening and improvement project the city launched, and sued alleging that drainage plans for that project and a later expansion of an H-E-B grocery store didn’t meet typical city standards, leading to repeated flooding that effectively renders...
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