Texas Supreme Court

Texas Department of Transportation and City of Edinburg, Petitioners v. A.p.i. Pipe and Supply, LLC and Paisano…

April 5, 201356 Tex. Sup. Ct. J. 449

Summary

The Texas Supreme Court held that the 2004 Judgment Nunc Pro Tunc was void, leaving the City of Edinburg as the fee‑simple owner of the ten‑acre parcel; consequently API did not own the land, could not invoke the innocent‑purchaser statute or equitable estoppel, and the trial court properly granted a plea to jurisdiction. The Court reversed the Court of Appeals and dismissed API’s takings claim, and Justice LEHRMANN, joined by Justice GUZMAN, filed a concurring opinion agreeing with the majority.