Religious of the Sacred Heart of Texas, Petitioners v. City of Houston, Respondent

Summary

The Texas Supreme Court affirmed the Court of Appeals, holding that the substitute facilities doctrine does not apply to the partial taking of a private school and that the City of Houston did not waive any other theory of compensation. The Court based its decision on Supreme Court precedent limiting the doctrine and on Texas law governing preservation of error. Separate opinions dissent that the doctrine remains viable and concur that the doctrine may be applied in future cases.