Syed Ahmed v. Metropolitan Transit Authority

CourtCourt of Appeals of Texas
DecidedMay 20, 2008
Docket14-07-00739-CV
StatusPublished

This text of Syed Ahmed v. Metropolitan Transit Authority (Syed Ahmed v. Metropolitan Transit Authority) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Syed Ahmed v. Metropolitan Transit Authority, (Tex. Ct. App. 2008).

Opinion

Reversed and Remanded and Opinion filed May 20, 2008

Reversed and Remanded and Opinion filed May 20, 2008.

In The

Fourteenth Court of Appeals

____________

NO. 14-07-00739-CV

SYED AHMED, Appellant

V.

METROPOLITAN TRANSIT AUTHORITY, Appellee

On Appeal from the County Civil Court At Law No. 1

Harris County, Texas

Trial Court Cause No. 869453

O P I N I O N

Appellant, Syed Ahmed, brought an inverse condemnation lawsuit against appellee, Metropolitan Transit Authority (AMETRO@), for damages allegedly caused by METRO=s improvements on a drainage ditch.  The trial court granted METRO=s plea to the jurisdiction and dismissed the case.  In his sole issue, appellant contends that the trial court erred in granting the plea to the jurisdiction because it had subject matter jurisdiction over his inverse condemnation claim.  We reverse and remand.


BACKGROUND

The property made the basis of this inverse condemnation case is a .68756-acre tract of undeveloped land in northwest Houston (the AProperty@).  The Property is a portion of a larger tract of land that was originally owned by the Sommermeyer family.  On August 30, 1955, the Sommermeyer family conveyed a 30-foot-wide easement to the Harris County Flood Control District (the ADistrict@) for drainage and flood control on a drainage ditch extending across the Property and other properties in northwest Houston.[1]  Only a 15-foot-wide portion of the Property is included within the 30-foot easement.  On April 19, 1979, the District obtained a 100-foot-wide easement covering portions of properties traversed by the 30-foot easement, including the Property, for drainage and flood control on the drainage ditch and unit E117-07-00.  Only a 50-foot-wide portion of the Property is included within the 100-foot easement.  The two easements are used to maintain the drainage ditch and unit E117-07-00.


In 1991, METRO began developing plans to widen Gessner Road from Tanner Road to Hempstead Highway (the AGessner Project@), requiring that the drainage ditch, traversing the Property and adjacent properties, be expanded.  The District decided that unit E117-07-00 would receive the increased storm-water runoff expected to result from the Gessner Project and contracted with  METRO to finance and oversee the expansion and improvements on the drainage ditch.  METRO contracted with a third party to perform the drainage work.  In 2005, Harris County foreclosed the Property for nonpayment of property taxes and sold it to appellant in an auction in 2006.  Three months after appellant acquired the Property, METRO=s subcontractors entered the Property and adjacent tracts of land to begin work on the drainage ditch.  They constructed a new detention pond, improved the drainage ditch, and performed other drainage-related work.  During the improvements, appellant notified METRO on a number of occasions that it was trespassing on the Property.  METRO continued the improvements and completed the drainage work in January 2007.

Thereafter, appellant filed suit against METRO alleging inverse condemnation under the Texas Constitution.  Specifically, appellant claimed that METRO, acting outside the scope of the easements, condemned the Property by expanding the drainage ditch.  METRO filed a plea to the jurisdiction contending that the trial court lacked subject matter jurisdiction over appellant=s inverse condemnation claim.  METRO alleged that because it acted within the scope of the two easements, appellant could not establish an intentional taking.  The trial court granted METRO=s plea to the jurisdiction, and appellant filed the instant appeal.  In his sole issue, appellant argues that the trial court erred in dismissing his lawsuit because it had jurisdiction over his inverse condemnation claim.

STANDARD OF REVIEW

A plea to the jurisdiction challenges the court=s subject matter jurisdiction.  Bland Indep. Sch. Dist. v. Blue, 34 S.W.3d 547, 554 (Tex. 2000).  Whether a trial court has subject matter jurisdiction is a question of law we review de novo.  Tex. Nat=l Res. Conservation Comm=n v. IT-Davy, 74 S.W.3d 849, 855 (Tex. 2002); Alobaidi v. Univ. of Tex. Health Science Ctr. at Houston, 243 S.W.3d 741, 744 (Tex. App.CHouston [14th Dist.] 2007, pet. denied).  A plea to the jurisdiction can make two types of challenges: to the pleadings or to the existence of jurisdictional facts.  See Tex. Dept. of Parks and Wildlife v. Miranda, 133 S.W.3d 217, 226-28 (Tex. 2004); State v. Lueck, 212 S.W.3d 630, 635 (Tex. App.CAustin 2006, pet. filed). 


When a plea to the jurisdiction challenges the sufficiency of the plaintiff=s pleadings, we determine if the pleader has alleged facts that affirmatively demonstrate the court=s jurisdiction to hear the cause.  Miranda, 133 S.W.3d at 226.  We construe the pleadings liberally in favor of the plaintiff and look to the pleader=s intent.  City of Carrollton v. Singer, 232 S.W.3d 790, 795 (Tex. App.CFort Worth 2007, pet. denied).  If the pleadings do not allege sufficient facts to affirmatively establish the trial court=

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Related

Texas Department of Parks & Wildlife v. Miranda
133 S.W.3d 217 (Texas Supreme Court, 2004)
State v. Holland
221 S.W.3d 639 (Texas Supreme Court, 2007)
Texas Natural Resource Conservation Commission v. IT-Davy
74 S.W.3d 849 (Texas Supreme Court, 2002)
Bland Independent School District v. Blue
34 S.W.3d 547 (Texas Supreme Court, 2000)
City of Carrollton v. Singer
232 S.W.3d 790 (Court of Appeals of Texas, 2007)
County of Cameron v. Brown
80 S.W.3d 549 (Texas Supreme Court, 2002)
City of Kemah v. Vela
149 S.W.3d 199 (Court of Appeals of Texas, 2004)
General Services Commission v. Little-Tex Insulation Co.
39 S.W.3d 591 (Texas Supreme Court, 2001)
State v. Lueck
212 S.W.3d 630 (Court of Appeals of Texas, 2006)
Alobaidi v. University of Texas Health Science Center at Houston
243 S.W.3d 741 (Court of Appeals of Texas, 2007)

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Bluebook (online)
Syed Ahmed v. Metropolitan Transit Authority, Counsel Stack Legal Research, https://law.counselstack.com/opinion/syed-ahmed-v-metropolitan-transit-authority-texapp-2008.