Court of Appeals Tosses Developer’s $9 Million Inverse Condemnation Award Against City of McKinney
May 3, 2016 in Case Summaries
Jeff Levinger successfully represented the City of McKinney in its appeal of a judgment of over $9,000,000 stemming from a developer’s claim that the City had committed an “inverse condemnation” by violating a restriction in a deed. In its 2009 lawsuit, Eldorado Land Company contended that the City’s construction of a library on a portion of a 32 acre tract that Eldorado had conveyed to the City for use as a community park violated the deed restriction, which provided that the property could be used only as a “park and recreational facility.” The trial court granted summary judgment in favor of El Dorado on the liability issue, and a jury assessed damages of over $7,500,000 (exclusive of interest), representing the difference in the property’s value with and without its deed and zoning restrictions. In reversing the summary judgment on liability and rendering a take-nothing in favor of the City, the Court of Appeals held that the City’s community library fit squarely within the “plain, ordinary, and generally accepted meaning” of a park and recreational facility, and thus did not violate the restriction in the deed. City of McKinney v. Eldorado Land Co., LP, No. 05-15-00067-CV, 2016 WL 2349371 (Tex. App.-Dallas May 3, 2016, pet. denied).
Courts:Supreme Court of Texas, Texas Intermediate Appellate Courts
Subject Matter: Business Litigation, Oil & Gas/Real Estate