5th Circ. Backs Texas Water Agency In Takings Suit
By Stan Parker (May 6, 2016, 4:05 PM EDT) -- The Fifth Circuit on Thursday sided with the city of San Antonio and a regional aquifer authority, rejecting an appeal by property owners trying to revive their Fifth Amendment takings suit stemming from denied permits to withdraw water.
The unanimous three-judge panel struck down the appeal by landowners who claimed their denied water permit applications deprived them of their property rights. In a brief order, the circuit judges did not explain their reasoning except to say they largely agreed with a June dismissal order by U.S. District Judge Robert L. Pitman, who said the case was filed far too late.
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