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No. 14-0193
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CAFFE RIBS, INCORPORATED v. STATE OF TEXAS

Oral argument was held on September 22, 2015. The Court issued an opinion resolving the case on April 1, 2016. File Closed

In the news...

Tracking 1 article about this case.

April 4, 2016

Government's Role In Delay In Cleanup Of Contaminated Property Admissible In Eminent Domain Case

from InverseCondemnation.com

The Court has issued opinions:

Opinion

April 1, 2016

Devine
Hecht
Green
Johnson
Willett
Guzman
Lehrmann
Boyd
Brown

Justice Devine delivered the opinion of the Court.View Electronic Briefs | Oral Argument | Video PDF

 

Court of Appeals

Appellate District:14th Court of Appeals
Outcome Below:Affirmed
COA Docket No.:14-12-00401-CV
Opinion Author:Honorable William J. Boyce

Trial Court

Trial Court:County Civil Court at Law No 3
County:Harris
Trial Judge:Honorable Linda Kathryn Storey
Trial Docket:839502

Entries on SCOTX Orders Lists

Docket Entries

Date Event Outcome  
2016-05-13 Mandate issued  
2016-04-01 Court approved judgment sent to attorneys of record Issued
2016-04-01 Opinion issued   Court of Appeals' judgment reversed; cause remanded to trial court
  This case was awaiting the Court's decision after oral argument between November 4, 2015 and April 1, 2016.  
2015-11-04 Post submission brief filed (Petitioner)  
2015-09-22 Oral argument  
2015-09-14 Oral Argument Submission Form from Attorney received  
2015-08-26 Oral Argument Submission Form from Attorney received  
2015-08-04 Motion to substitute disposed   Filing granted
2015-07-31 Motion to Substitute filed  
2015-07-31 Notice of Appearance  
2015-07-10 Case set for oral argument   Case set for oral argument
2015-06-12 Petition for Review disposed   Filing granted
2015-06-12 Petition for Review granted
  This case was pending on merits briefs between April 20, 2015 and June 12, 2015.  
2015-04-20 Reply Brief (Petitioner)  
2015-04-16 Motion for Extension of Time to File Brief filed  
2015-04-16 Motion for Extension of Time disposed.   Filing granted
2015-03-27 Brief on the Merits (Respondent)  
2015-02-25 Motion for Extension of Time disposed.   Filing granted
2015-02-25 Motion for Extension of Time to File Brief filed  
2015-01-26 Motion for Extension of Time to File Brief filed  
2015-01-26 Motion for Extension of Time disposed.   Filing granted
2015-01-05 Brief on the Merits (Petitioner)  
2014-12-16 Motion for Extension of Time disposed.   Filing granted
2014-12-16 Motion for Extension of Time to File Brief filed  
2014-11-24 Case Record Filed  
2014-11-24 Record Requested in Petition for Review  
2014-11-21 Brief on the Merits Requested  
2014-10-06 Reply to Response to Petition filed (Petitioner)  
2014-09-19 Response to Petition (Respondent)  
2014-08-26 Motion for Extension of Time to File Response  
2014-08-26 Motion for Extension of Time to File Response disposed   Filing granted
2014-07-28 Motion for Extension of Time disposed.   Filing granted
2014-07-28 Motion for Extension of Time to File Response  
2014-06-27 Supreme Court of Texas Requested Response  
2014-05-27 Case forwarded to Court
2014-05-21 Response Waiver filed  
2014-05-16 Petition for Review (Petitioner)  
2014-05-01 Third Motion for Extension of Time to File Petition for Review disposed   Filing granted
2014-05-01 Third Motion for Extension of Time to File Petition for Review filed  
2014-03-28 Second Motion for Extension of Time to File Petition for Review filed  
2014-03-28 Second Motion for Extension of Time to File Petition for Review disposed   Filing granted
2014-03-17 Motion for Extension of Time to File Petition for Review disposed   Filing granted
2014-03-17 Motion for Extension of Time to File Petition for Review filed  
2014-03-17 Phone call from Clerk's Office  

Parties

Party Counsel Role
Caffe Ribs, Inc.
Mr. Edward A. Mattingly
Mr. Alan B. Daughtry
Petitioner
The State of Texas
Ms. Susan Desmarais Bonnen
Mr. Randall K. Hill
Mr. Daniel T. Hodge
Mr. David C. Mattax
Attorney General Greg W. Abbott
Mr. Cavitt Wendlandt
Mr. Walter C. Brocato
Mr. Warren Kenneth Paxton
Mr. James Edward Davis
Mr. Charles E. Roy
Respondent
 
 

Evidence supporting the value of property in a condemnation proceeding

environment experts takings

Caffe Ribs had a piece of property with some environmental contamination, which it had been working toward remediating and was, it alleges, nearing completion. The State announced an intent to take the property for use in a highway project.

Caffe Ribs alleges that, after this announcement, it became impossible to obtain the last certificate from the Texas Commission on Environmental Quality that it had completed the remediation, which was possibly just months away. The State's expert witness at trial testified that the environmental contamination would reduce the property value substantially, forcing a delay of up to eight years. This presence of environmental contamination became the central aspect driving the property's value.

Caffe Ribs argues that it should have been able to put on more evidence to show, value, including evidence showing that the State's announcement interfered with the remediation. Caffe Ribs also challenges the state's expert.

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