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  • Town of Flower Mound v. Stafford Estates Lim…Town of Flower Mound v. Stafford Estates Limited Partnership
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Town of Flower Mound v. Stafford Estates Limited Partnership

Supreme Court of Texas
135 S.W.3d 620 (2004)


Stafford Estates Limited Partnership (plaintiff) proposed to build a development bordered by a road on each side. Based on local law provisions requiring that subdivision developers improve abutting roads that do not meet specified standards, the Town of Flower Mound (defendant) approved Stafford’s development plans on the condition that Stafford completely rebuild one of the abutting roads with concrete instead of asphalt. Stafford objected to the condition, contending that the asphalt surface was in good repair, but ultimately rebuilt the road, spending $484,303.79. Thereafter, Stafford demanded reimbursement from the town. The town refused, and Stafford brought suit, arguing that the town’s actions in imposing the condition constituted an unconstitutional taking for which the town did not provide compensation under the applicable standards. The town contended that the development condition was not a taking because it advanced the legitimate government interests of traffic safety and road durability. The court found in Stafford’s favor, awarding damages. Both parties appealed. The court of appeals affirmed. The town again appealed.

Rule of Law


Holding and Reasoning (Hecht, J.)

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