A three-judge panel from the 3rd District Court of Appeals in Austin issued a key ruling in favor of a property owner represented by The Law Offices of Brad Jackson in Dallas as part of an illegal takings lawsuit against the City of Austin.
Brad Jackson, Cheryl Mann, and Patrick Fang worked with Mike Northrup from Dallas’ Cowles & Thompson to secure the appeals court victory for 1811 Guadalupe LLC, which owns the mixed-use property at the same address in downtown Austin.
The case was filed in 455th District Court in Travis County after the City of Austin conducted street repairs that eliminated key access to 1811 Guadalupe, which previously was home to a popular Pizza Hut location. The street changes were part of a project aimed at improving access for pedestrians, cyclists, and city buses.
By the time the work was completed in 2019, delivery vehicles had to be rerouted to reach the property because a driving lane and access points to a parking lot and alley were eliminated or rerouted. The Law Offices of Brad Jackson responded with an inverse condemnation claim against the city for the property owners’ loss of value.
Attorneys from the Austin City Attorney’s Office argued that the city should receive governmental immunity and that the property owners suffered no significant damage. The city’s arguments were based on an employee’s affidavit and report, photos of the location, and portions of the project plans.
Appeals Court Upholds District Court Ruling
The Austin City Attorney’s Office moved to dismiss the case after arguing the owners suffered no significant damage, and that the city should receive governmental immunity. The city’s arguments were based on an employee’s affidavit and report, photos of the location, and portions of the project plans.
The team from The Law Offices of Brad Jackson responded with a separate expert report prepared by a traffic engineer who disagreed with the city’s position. The city’s lawyers responded by asking the trial judge to strike the report. However, the judge ruled in favor of the property owner and cleared the way for the case to proceed.
On the heels of the judge’s ruling, the City of Austin filed the appeal, which was denied by the 3rd District Court of Appeals in the ruling noted above. The case is now headed back to the district court, where Mr. Jackson, Ms. Mann, and Mr. Fang will continue to present the facts to hold the city accountable.