Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

Combs v. B.A.R.D. Industries Inc.

A takings claim requires an intentional act of the state. Austin Court of Appeals, No. 03-08-00580-CV, 10-22-2009.

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
OPINION

On the Court’s own motion, the opinion issued August 26, 2009, is withdrawn and the following opinion is substituted in its place.

Appellee B.A.R.D. Industries Inc. (“BARD”) filed suit against the Comptroller under chapter 74 of the Texas Property Code, appealing the Comptroller’s decision that it was not entitled to recover damages in connection with BARD’s claim for delivered property. See Tex. Prop. Code Ann. §§ 74.501, .506 (West 2007). Additionally, BARD asserted claims against the Comptroller for an unconstitutional taking, denial of due process, and unlawful seizure. Asserting that BARD’s chapter 74 and takings claims were barred by sovereign immunity, the Comptroller filed a plea to the jurisdiction, which the trial court denied. We will affirm in part the trial court’s order denying the Comptroller’s plea to the jurisdiction and reverse and dismiss in part.

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
Complex Claims & Litigation Forum 2025
February 24, 2025 - February 26, 2025
Las Vegas, NV

This conference aims to help insurers and litigators better manage complex claims and litigation.


Learn More
Legalweek Leaders in Tech Law Awards 2025
March 24, 2025
New York, NY

Recognizing innovation in the legal technology sector for working on precedent-setting, game-changing projects and initiatives.


Learn More
Legalweek New York 2025
March 24, 2025 - March 27, 2025
New York, NY

Legalweek New York explores Business and Regulatory Trends, Technology and Talent drivers impacting law firms.


Learn More
Go to Events Go to Webcasts
Experienced Immigration Attorney

Leading Orlando immigration law firm is in need of an experienced immigration attorney seeking a growth opportunity. A minimum of 1 year exp...


Apply Now ›
Attorney

Exceptional opportunity to join an established law firm concentrating in employment law offering a $100K+ salary, file origination percentag...


Apply Now ›
Bankruptcy Attorney - Independent Contractor - High Stakes Chapter 11 and Litigation

An investment firm is seeking a highly experienced bankruptcy attorney to serve as lead counsel in a high-profile, multi-year Chapter 11 ban...


Apply Now ›
Go to Lawjobs