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Texas Bay Cherry Hill, L.P. v. City of Fort Worth, Texas

Unless and until the redevelopment plan is implemented, Cherry Hill cannot allege facts that constitute a regulatory taking. Therefore, dismissal for want of jurisdiction is appropriate. Fort Worth Court of Appeals, No. 2-06-325-CV.

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OPINION

I. Introduction

Texas Bay Cherry Hill, L.P. (“Cherry Hill”) appeals from a trial court order granting the City of Fort Worth’s plea to the jurisdiction and dismissing Cherry Hill’s claims against former Fort Worth City council member Becky L. Haskin. This appeal presents four key questions: (1) whether the City was engaged in a governmental function–and therefore immune from suit–or a proprietary function–and therefore subject to suit–when it allegedly committed the acts made the basis of Cherry Hill’s claims for business disparagement, tortious interference, and civil conspiracy; (2) whether Cherry Hill’s claims for a declaratory judgment and injunctive relief were ripe for determination; (3) whether Cherry Hill stated a claim for inverse condemnation; and (4) whether Haskin was entitled to dismissal of Cherry Hill’s claims against her under section 101.106 of the civil practice and remedies code. We affirm.

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