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Kimberley Ann Gunnarson, et al. v. Texas

Paid petition · Court of Appeals of Texas, Third District, No. 03-18-00738-CV · judgment February 26, 2020


Certiorari denied · January 24, 2022
Pre-decision estimate: 2% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

Does Chapter 21 of the Texas Property Code violate the Fifth Amendment to the United States Constitution by failing to require adequate compensation to a property owner whose property is taken for public use? Does Texas violate the Fifth and Fourteenth Amendments of the United States Constitution by refusing to consider sign rental income of billboards located on real property taken under the principle of eminent domain? Does Texas’ refusal to recognize sign rental income from billboards on real property violate the Fourteenth Amendment to the United States Constitution, when other income producing properties, such as motel rental income or oil and gas revenue benefit from consideration of their income for purposes of valuation?

Counsel of record

For petitioner
Sheldon Edward Richie
Richie & Gueringer, P.C.

For respondent
Susan D Bonnen
Office of Attorney General of Texas

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Jan 24 2022
    Petition DENIED.
  2. Jan 05 2022
    DISTRIBUTED for Conference of 1/21/2022.
  3. Dec 17 2021
    Waiver of right of respondent Texas to respond filed.
  4. Nov 24 2021
    Petition for a writ of certiorari filed. (Response due January 3, 2022)