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Hallco Texas, Inc. v. McMullen County

ELR Citation: 37 ELR 20005
Nos. No. 02-1176, (Tex., 12/29/2006)

The court dismissed a landowner's takings claim against a county for denying it a variance from a local ordinance that prohibits landfills within three miles of a water-supply reservoir. The action was barred by res judicata. The facts relevant to the landowner's present takings claim—the county ordinance's wholesale prohibition, the manner in which it would be applied, and the nature of the damage suffered—were all evident in the landowner's prior suit challenging the ordinance, and the landowner's requested variance proposed no new or different application. Although styled as a "variance request," the request was nothing more than a demand for the county to reconsider what had been its position all along.

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