Westgate, Ltd., Robert L. Randolph, Bank One, and Deposit Insurance Bridge Bank, Petitioners v. State of Texas And…

Summary

The Texas Supreme Court affirmed the Court of Appeals, holding that Westgate could not recover inverse‑condemnation damages because the government had not directly restricted the use of its property before the actual taking on January 5, 1989. The Court also affirmed that the trial court erred by submitting two separate jury questions for statutory condemnation damages and should have used a single broad‑form question measuring the difference in value. The opinion declined to recognize liability for unreasonable delay or bad‑faith conduct absent a direct restriction. Separate dissenting opinions argue that the majority’s approach improperly shields the government from liability for delay and bad faith.