August 02nd, 2018

US Court of Appeals for the Fifth Circuit Opinions
Redburn v. City of Victoria

Docket: 17-40369
Opinion Date: August 1, 2018
Judge: James L. Dennis
Areas of Law: Civil Rights, Constitutional Law, Real Estate & Property Law

The Fifth Circuit vacated the district court's grant of summary judgment in an action brought by a landowner against the City over the City's use of his residential property to drain and filter storm-sewer runoff. The court held that there were disputed factual issues as to whether the City had an easement over the landowner's land and he was entitled to a declaratory judgment and monetary damages. The court also held that, even if the City has an easement, there was a disputed factual issue regarding whether the City must accommodate the landowner's use of his property by installing subsurface drain pipes as it has done elsewhere in the City. The court held that the landowner's Fifth Amendment takings claim was time-barred and affirmed the district court's judgment as to this claim.

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