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Click here for the full text of this decision FACTS:This is an appeal from an order granting summary judgment in favor of the appellees, Mesa Hills Mall Co. Limited Partnership, a Texas limited partnership, Melvin Simon and Herbert Simon, general partners, and individually, and Simon Property Group (Texas), a Texas limited partnership, and Melvin Simon and Associates Inc., an Indiana corporation. In 1972, the City of El Paso sold the following tracts of land to Laurence M. Bower: a .257 acre portion of a lot labeled “Perez 157;” a 12.346 acre portion of “Chadwick 253;” and a 3.395 acre portion of “W.C. Morgan Survey No. 237.” Mr. Bower then deeded the property to Dr. Truett L. Maddox and Fertel. In 1979, Dr. Maddox also acquired a 2.147-acre parcel of land which is located north of the surplus property. The surplus property and the 2.147 acres acquired in 1979 were landlocked, (i.e. neither property had access to a public road). The property north of the 2.147 acres acquired by Maddox is called Park West Unit 3. That property was originally acquired by Mesa Hills Mall Co., Simon Property Group’s predecessor in title, in 1976. In 1978, appellees presented a proposed plat for the development of Park West Unit 3. The plat did not include public streets to Appellants’ property. In 1987, the plat filed by appellees was recorded. In 1990, Maddox proposed a plat for the development of their landlocked acres, including a proposal to connect Mesa Hills Drive through a public street running through Park West Unit 3. In 1992, appellants demanded appellees grant them access to Mesa Hills Drive through Park West Unit 3. They requested for the city of El Paso to force appellees to submit a new plat to conform with providing them access to their property. In 1992, appellants filed their original petition alleging that the city of El Paso had taken their property without paying just compensation. In April 1995, they added Mesa Hills Mall Co., Ltd. Partnership and Simon Property Group. In July of 1996, the city of El Paso and Mesa Hills filed motions for summary judgment. In September 1998, the trial court granted and this court reversed that decision in June 2000. In 1998, Melvin and Herbert Simon, as general partners of the two partnerships were added to the suit. In 2001, the Simons in their individual capacities were added, and finally in 2002, Melvin Simon and Associates Inc. was added to the suit. In a third motion for summary judgment filed July 23, 2003, appellees moved for summary judgment on several grounds, including: 1. appellants’ failure to replead their causes of action as ordered by the trial court; 2. lack of evidence to support appellants’ causes of action; and 3. on grounds that the summary judgment evidence negated appellants’ causes of action as a matter of law. Under this third general reason, appellees argue that the statute of limitations barred appellants’ cause of action of fraud. Without specifying the grounds, the trial court granted appellees’ motion for summary judgment and dismissed appellants’ claims against appellees. Thereafter, the trial court signed an order severing the appellants’ claims against the city of El Paso. This appeal follows. HOLDING:Affirmed. The appellants have alleged a claim for temporary and permanent intentional taking under Article I, ��17 and 19 of the Texas Constitution and under the Fifth and 14th Amendments to the U.S. Constitutions. As is reflected in appellees’ response, “Mesa Hills is not the government” and as such, without a showing of State action, the takings claims fail. Appellants challenge the trial court’s order granting summary judgment in favor of appellees on the affirmative defenses of limitations as raised in appellees’ motion. The court concludes that reasonable minds could not differ about the conclusion to be drawn from the facts in the record: appellants knew about the lack of access to their property in August of 1988 and yet did not bring suit against appellees until 1995 and added Melvin Simon and Herbert Simon as general partners and associates until 1998. Therefore, appellants’ causes of action based on fraud are barred by the statute of limitations. OPINION:Barajas, CJ; Barajas, CJ, McClure and Chew, JJ.

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