enforcement

146 S.W.3d 637

Full Case Name
TEXAS DEPARTMENT OF TRANSPORTATION, Michael W. Behrens, Robert L. Nichols, John W. Johnson, and Ric Williamson, Petitioners, v. CITY OF SUNSET VALLEY, Terrance R. Cowan, and Donald Hurwitz, Respondents
Cite
146 S.W.3d 637
Date
09-24-2004
Court
Supreme Court of Texas
Jurisdiction
Texas
URL
https://cite.case.law/sw3d/146/637/
Plaintiffs
state
Defendants
city
Incident Location
Sunset Valley, TX
Disputed Act

City and city officials filed action against Texas Dept. of Transportation (TxDOT) concerning highway expansion. District Court awarded city damages and fees; declared TxDOT violated administrative regulations regarding noise and lighting, enjoined private nuisance, and enjoined equal protection violations from use of flood lights and failure to erect city limit signs.

Holding
TxDOT's alleged failure to erect signage and decision to install high-mast floodlights did not give City officials standing to bring claim; nuisance created by floodlights did not amount to unconstitutional taking of mayor's property.
Disposition
reversed
rendered
enforcement
residential neighborhood
obtrusive lightv roadway lighting
construction lighting
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