rendered

Texas Department of Transportation v. City of Sunset Valley

Full Case Name
TEXAS DEPARTMENT OF TRANSPORTATION, Michael W. Behrens, Robert L. Nichols, John W. Johnson, and Ric Williamson, Petitioners, v. CITY OF SUNSET VALLEY, Terrance R. Cowan, and Donald Hurwitz, Respondents
Description

City and city officials filed action against the Texas Department of Transportation (TxDOT) concerning highway expansion. The Court ruled that TxDOT's alleged failure to erect signage and decision to install high-mast floodlights did not give City officials standing to bring claim.

Date
09-24-2004
Court
Supreme Court of Texas
Jurisdiction
Texas
Plaintiffs
Defendants
Incident Location
Sunset Valley, TX
Disputed Act

City and city officials filed action against Texas Dept. of Transportation (TxDOT) concerning highway expansion. District Court awarded city damages and fees; declared TxDOT violated administrative regulations regarding noise and lighting, enjoined private nuisance, and enjoined equal protection violations from use of flood lights and failure to erect city limit signs.

Holding
TxDOT's alleged failure to erect signage and decision to install high-mast floodlights did not give City officials standing to bring claim; nuisance created by floodlights did not amount to unconstitutional taking of mayor's property.
Disposition