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If the effect of the ordinance challenged here the prohibition of Vulcan's quarrying activities could have been achieved through the courts via a nuisance action, no property rights of Vulcan have been taken because Vulcan's use of its property was limited by the background principles of the Texas police power right to abate a nuisance.
June 07, 2004 at 12:00 AM
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The original version of this story was published on Law.Com
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