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.