On January 29th, 2009, John and Mary Jane O'Fiel, members of the Floodway Coalition of Houston, won a round in their legal battle with the City of Houston over whether the City's changing of Chapter 19-43 of the City ordinance code, governing floodways, constituted a taking of the O'Fiels' property. Briefly, the City tried to argue to the appeals court that the courts had no say in the matter, something known as arguing a plea to the jurisdiction. What the court told the City was that no, the court denied this plea to the City.
The case was argued in the Texas First District Court of Appeals. In reading the Court's ruling, the City effectively argued that since the O'Fiels had not actually done anything with their property, in other words that they had not applied for any permits, that the O'Fiels had not exhausted the administrative remedies available to them at that time. Ergo, it then followed that the O'Fiels' case was not ripe. The Court did not buy the City's argument.
The Wizard believes that the City was trying to shutdown the case altogether, delaying any legal proceedings for years and trying to wear down the O'Fiels in court. Fortunately the Courts have denied that to the City. The legal proceedings on the Floodway takings issue progress.
More to come.
Wizard
Posted by The Mighty Wizard at February 4, 2009 07:59 AM