Paige Amstutz, Sara Clark and Ray Donley Win Appeal in Takings Case
Representing landowners, SD&M attorneys Paige Amstutz, Sara Clark and Ray Donley recently prevailed in an interlocutory appeal of a trial court’s denial of a municipal plea to the jurisdiction. The landowners sued the City of Rollingwood alleging unconstitutional taking and nuisance claims resulting from the flooding of their property. The City responded with a plea to the jurisdiction, claiming that sovereign immunity barred the landowners’ claims. The trial court denied the City’s plea, and the City pursued an interlocutory appeal of the ruling. Ruling for the landowners, the Austin Court of Appeals found that the trial court properly denied the City’s plea.