The 9-0 ruling by the U.S Supreme Court that the firm’s clients can pursue litigation against the State of Texas for unlawful taking of property led to numerous media reports and the firm’s designation as one of the week’s “Legal Lions” by Law360. At issue in Devillier v. Texas is a barrier the…
The United States Supreme Court issued an opinion ruling in favor of Burns Charest clients and takings plaintiffs. In the opinion, the unanimous Court determined, based on representations made during argument by the Texas Solicitor General, that the federal Takings Clause remedy was available under Texas law and, as a…
Oral Argument before the United States Supreme Court in Washington, D.C. took place yesterday on behalf of Texas landowners’ right to sue the State of Texas under the Takings Clause of the Fifth Amendment of the U.S. Constitution. Plaintiffs, represented by Burns Charest LLP in the class action, are landowners…
Hello everyone. We wanted to send out an update on the status of this litigation. If you recall, we brought four claims in the case: (1) a federal takings claim, (2) a state takings claim, (3) a federal substantive due process claim, and (4) a federal procedural due process claim. While…
We have been able to secure both a date for the hearing to certify a class of all those flooded by the work the State has done on Interstate highway 10, and a date for trial. The class certification hearing will be June 14, 2022, at the United States Courthouse…
After suits were filed on behalf of people in Chambers, Liberty, and Jefferson counties whose properties had been flooded by storm water detained by the State’s work on IH-10, the federal court for the Southern District of Texas consolidated them together and then denied a motion by the State of…
U.S. District Judge Jeffrey Brown has signed an order adopting the magistrate judge’s previously issued opinion denying the state’s motion to dismiss the property owners’ lawsuit. Now that the order is officially signed, plaintiffs can continue to focus on the discovery process and work towards trial currently scheduled for late…
We held our second town hall meeting of the spring this past week and had another great evening of discussion with members of the impacted community. Now that we have cleared the first hurdle of the State's motion to dismiss it is important for everyone to gather records regarding damage…
We are hosting another town hall meeting to provide information to the community about the lawsuits to recover for the damage from flooding caused by the concrete barrier the State of Texas built in the median of Interstate Highway 10 in Chambers, Liberty, and Jefferson counties. This event will be…
We are hosting a town hall meeting to provide information to the community about the lawsuits to recover for the damage from flooding caused by the concrete barrier the State of Texas built in the median of Interstate Highway 10. At the meeting we will discuss background on the State’s…