No. 25-242

City of Houston, Texas v. The Commons of Lake Houston, Ltd.

Lower Court: Texas
Docketed: 2025-09-02
Status: Denied
Type: Paid
Response Waived
Tags: federal-preemption flood-management local-government-regulations national-flood-insurance-program property-takings texas-constitution
Latest Conference: 2025-10-10
Question Presented (from Petition)

Whether federal laws establishing and implementing the NFIP, when operating as intended, conflict with and thus preempt Article I, Section 17 of the Texas Constitution, as applied to a Texas property owner's claim against local government to recover the alleged diminution in property value resulting from the local government's alleged "taking" or "damaging" the property owner's property by enforcing local flood management regulations enacted to comply with NFIP requirements?

Question Presented (AI Summary)

Whether federal law establishing the National Flood Insurance Program conflicts with and preempts Article I, Section 17 of the Texas Constitution when local governments enforce flood management regulations

Docket Entries

2025-10-14
Petition DENIED.
2025-09-24
DISTRIBUTED for Conference of 10/10/2025.
2025-09-02
Waiver of right of respondent The Commons of Lake Houston, Ltd. to respond filed.
2025-08-28
Petition for a writ of certiorari filed. (Response due October 2, 2025)

Attorneys

City of Houston, Texas, et al.
Collyn A. PeddieCity Of Houston Legal Department, Petitioner
The Commons of Lake Houston, Ltd.
Charles B. McFarlandMcFarland Condemnation Attorneys, Respondent