HOUSTON — A Texas appeals court has dismissed the allegations of a developer who has invested millions of dollars in a Lake Houston area project and alleged inverse condemnation against the city of Houston while also challenging the city's amendment of a floodplain development ordinance.
According to the Oct. 15 Fourteenth Court of Appeals filing, Houston filed an appeal alleging a trial court erred when it denied their plea to the jurisdiction due to the appellee, The Commons at Lake Houston, LTD's, claims being not ready for litigation.
"Considering the pleadings and undisputed facts, we hold that The Commons’ claims are not ripe," the court stated in its decision. "Thus, the trial court erred by denying the City’s plea to the jurisdiction."
The case stems from The Commons suing Houston alleging inverse condemnation and attempting to stop a "newly amended" city ordinance that changed the floodplain of a 318 acre piece of land near Lake Houston where The Commons has begun development of their master-planned community, The Crossing.
In its appeal, the city argued it "has not made any final decision applying the ordinance to deny any permit application for The Commons’ property or otherwise decided whether the former or amended ordinance applies to The Crossing."
The Commons argued their claim was “ripe upon enactment because the ordinance prohibits precisely the use intended for the property."
The court disagreed with The Commons' assertion and dismissed the case.
"We sustain the City’s issue, reverse the trial court’s order, and render a judgment that The Commons’ claims are dismissed without prejudice," Wise wrote.