Harris County Flood Control District and Harris County, Texas v. Edward A. and Norma Kerr

Summary

The Texas Supreme Court held that the homeowners failed to establish a cognizable takings claim because the County’s approval of private development and incomplete flood‑control plan did not satisfy the intent, causation, and public‑use elements of the Texas takings clause. Accordingly, the Court reversed the Court of Appeals and dismissed the case. Justice Devine dissented, arguing the homeowners raised a genuine fact issue, and Justice Lehrmann concurred, adding discussion on private‑use takings.