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.

Cite

146 S.W.3d 637

Date

09-24-2004

Court

Supreme Court of Texas

Jurisdiction

Texas

URL

https://www.courtlistener.com/opinion/894609/texas-department-of-transportation…

Plaintiffs

state

Defendants

city

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

reversed

rendered

enforcement

residential neighborhood

obtrusive light

roadway lighting

construction lighting

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