345 S.W.3d 199
Tex. App.2011Background
- CKS Asset Management sued the City of Dallas for inverse condemnation related to the City's construction of the Downtown Center for the Performing Arts on property CKS claims to own.
- The City asserts ownership of the downtown property through a chain of title culminating in a deed to the City in 2000.
- CKS contends the City never validly acquired title and asserts ownership via judgments and a 1990s foreclosure.
- CKS filed suit in October 2009; the City moved to dismiss via plea to the jurisdiction, attaching public-record support for City ownership.
- The trial court denied the plea to the jurisdiction; this interlocutory appeal followed.
- The appellate court ultimately reversed and dismissed CKS’s claim for lack of subject-matter jurisdiction, holding the City had color of right to the property and thus no valid takings claim.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether CKS may plead an inverse-condemnation claim against the City | CKS asserts ownership and a compensable taking | City had color of right and no intent to take under sovereign powers | CKS cannot show requisite intent; City has color of right; inverse condemnation fails |
| Whether CKS has standing to pursue inverse condemnation | CKS claims ownership | City shows it owns the property | Not reached on standing (issues beyond requisite takings not decided) |
| Whether CKS can plead a constitutional waiver of immunity for inverse condemnation | Takings claim falls within constitutional waiver | Claim is effectively trespass-to-title; no waiver | Not reached on immunity issue (issues beyond takings not decided) |
Key Cases Cited
- Holland v. General Land Office, 221 S.W.3d 639 (Tex. 2007) (determines government’s intent under color of right for takings analysis)
- Little-Tex Insulation Co. v. General Services Comm’n, 39 S.W.3d 591 (Tex. 2001) (color of right and government intent in takings context)
- A.C. Aukerman Co. v. State, 902 S.W.2d 576 (Tex.App.-Houston [1st Dist.] 1995) (contractual context for takings analysis; implied contracts not controlling)
- BP Am. Prod. Co. v. Koch, 290 S.W.3d 345 (Tex.App.-Austin 2009) (cases distinguishing ownership determiners in state action for property taking)
- Koch v. Texas Gen. Land Office, 273 S.W.3d 451 (Tex.App.-Austin 2008) (color of right and sovereign vs private-actor analysis)
- MBP, Corp. v. Bd. of Trs. of the Galveston Wharves, 297 S.W.3d 483 (Tex.App.-Houston [14th Dist.] 2009) (limits of governmental immunity and takings analysis)
- Gulf Coast Waste Disposal Auth. v. Four Seasons Equip., Inc., 321 S.W.3d 168 (Tex.App.-Houston [1st Dist.] 2010) (illustrates acting ‘akin to a private citizen’ in conduct may negate sovereign-taking)