City of Anson v. Harper

In City of Anson v. Harper, 216 S.W.3d 384, 393 (Tex. App.--Eastland 2006, no pet.), the court held that both the plaintiffs' takings claim and their claim for declaratory judgment based on future, uncertain acts of the City were not ripe. 216 S.W.3d at 395 ("We have previously held that plaintiffs' takings claim was not ripe to the extent that it relied upon the construction of a landfill because the City had not yet received a TCEQ permit. For the same reason, plaintiffs' declaratory judgment action is not ripe to the extent it seeks an adjudication of the parties' rights if a permit is granted and if the City proceeds with its landfill plans.") The court in City of Anson held that the plaintiffs' takings claim based upon actions previously taken on the property were viable claims over which the trial court had jurisdiction. Id. at 393. But the court held that the trial court lacked jurisdiction over plaintiffs' declaratory judgment action based on the same previous acts by the City because plaintiffs "merely restate their takings claim." Id. at 395.