Alan Schrock v. City of Baytown
01-13-00618-CV
| Tex. | Dec 10, 2015Background
- Schrock owns 606 Vista Ave as rental property; City required tenants to pay deposits and lease copies before utility connections from 1993–2008.
- City billed Schrock in 2009 for utility charges from prior tenants and filed a lien after he did not pay the amount.
- City reduced the demand to $1,157.39 and gave 14 days to pay, but Schrock did not receive notice of the decision.
- Schrock contends the City failed to perfect the lien and continued to provide utilities until Jan. 20, 2010.
- Schrock learned in 2009 of an ordinance requiring landlords to file rental declarations; City amended ordinances in 2011–2012 to alter lien and service rules.
- Schrock alleges the City’s ongoing denial of water/wastewater service since 2010 and enforcement of the ordinance harmed property value and use, constituting an inverse condemnation and unconstitutional taking.
- Schrock seeks damages for takings, a declaratory judgment invalidating parts of the ordinance, and clarification of the lien’s validity; City contends immunity, limitations, and lack of actionable taking.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the City’s actions constitute a regulatory taking. | Schrock | City | The City’s summary judgment on takings is improper; issues of material fact remain. |
| Whether governmental immunity bars Schrock’s takings claim. | Schrock | City | Immunity does not bar the takings claim; immunity does not shield valid takings. |
| Whether the regulatory-takings claim is time-barred by limitations. | Schrock | City | Ten-year limitations apply; suit filed within period; not time-barred. |
| Whether Schrock’s declaratory-judgment action is barred by immunity or limitations. | Schrock | City | UDJA declaratory claim not barred by immunity; limitations align with takings claim; action timely. |
Key Cases Cited
- Penn Cent. Transp. Co. v. New York City, 438 U.S. 104 (U.S. 1978) (takings framework and balancing factors for regulatory action)
- Lucas v. S.C. Coastal Council, 505 U.S. 1003 (U.S. 1992) (ad hoc, factual inquiry for takings)
- Hearts Bluff Game Ranch, Inc. v. State, 381 S.W.3d 468 (Tex. 2012) (takings factors: economic impact, character of government action, economic expectations)
- Mayhew v. Town of Sunnyvale, 964 S.W.2d 922 (Tex. 1998) (denial of all viable use and analysis of economic impact/expectations)
- City of Lorena v. BMTP Holdings, L.P., 409 S.W.3d 634 (Tex. 2013) (determine extent of governmental intrusion; remand for disputed facts)
- Hudson v. Ark. La. Gas Co., 626 S.W.2d 561 (Tex. App.—Texarkana 1981) (ten-year limitations for inverse condemnation)
- City of El Paso v. Heinrich, 284 S.W.3d 366 (Tex. 2009) (takings not barred by immunity; compensation remedy)