(DOWNLOAD) "Villarreal v. Harris County" by Virginia Supreme Court # Book PDF Kindle ePub Free
eBook details
- Title: Villarreal v. Harris County
- Author : Virginia Supreme Court
- Release Date : January 21, 2006
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 61 KB
Description
Lupe Villarreal appeals a trial court order granting Harris Countys, Paul Bettencourts (collectively, "Harris County"), the City of Houstons, Houston Independent School Districts, and Linebarger, Goggan, Blair & Sampson, L.L.P.s (collectively, the "City of Houston") pleas to the jurisdiction. Villarreal contends the trial court erred: (1) in granting the jurisdictional pleas because Villarreals article I, section 17 "takings" claim is not an inverse condemnation claim involving the governments use of eminent domain power, (2) in granting the pleas because the Harris County Civil Courts at Law do not have exclusive jurisdiction over all alleged violations of article I, section 17, (3) in granting Harris Countys plea because Villarreals home was taken for a public use without just compensation in violation of article I, section 17 of the Texas Constitution, and (4) in granting Harris Countys plea because, although the Texas Tort Claims Act does not apply in this case to waive the governmental immunity of Harris County, Villarreal has pleaded other grounds for waiver. See TEX. CONST. art. I, § 17. We conclude that Villarreals pleadings state a cause of action for inverse condemnation and the trial court properly granted the jurisdictional pleas because the Harris County Civil Courts at Law have exclusive jurisdiction over Villarreals article I, section 17 claim pursuant to Texas Government Code section 25.1032(c). Id.; TEX. GOVT CODE ANN. § 25.1032(c) (Vernon 2004). We therefore affirm.