The City of Borger v. Victor Garcia et. al.
Apr 23, 2009OUTCOME: Case Dismissed Against the City of Borger
Homeowners, whose homes were damaged when several inches of rain fell on the area of their homes over the course of a couple of hours, filed claims for a damaging of their property without just compens ... ation against the city. The 84th District Court, Hutchinson County, David Gleason, denied city's plea to the jurisdiction, and city appealed. The Court of Appeals held that: (1) homeowners did not state claim for constitutional taking of their property for public use under the State Constitution; and (2) the purported savings of public funds in the design and construction of city's drainage system was insufficient to establish that homeowners' property was taken for a public use. Reversed and rendered.
