Lawyers for a Texas man who sued the state for property damage on Tuesday criticized Texas Attorney General Ken Paxton (R), saying Paxton’s claims of victory in the Supreme Court’s case are false. Stated.
supreme court It was ruled that way on Tuesday. Richie De Villiers could sue the state of Texas under state law for property damage after his home flooded during Hurricane Harvey in 2017 due to changes to nearby Interstate 10.
The state initially argued that Mr. de Villiers’ claim should be dismissed, but Mr. Paxton on Tuesday claimed victory despite a unanimous ruling against the state’s claims.
“Today, we secured a unanimous 9-0 victory in the U.S. Supreme Court in a case that protects Texas’ ability to resolve compensation disputes under state law for any property allegedly taken.” said Paxton. I wrote it in the post on social platform X.
“For as long as Texas has been Texas, we have recognized that property rights are vital to a free society,” he continued. “Under the U.S. Constitution, unless Congress directs otherwise, such claims should be pursued under state law.”
Patrick Heikomo, an attorney with the Institute for Justice who brought Mr. de Villiers’ case, pursued Mr. Paxton’s claims. Reply with X.
“Ken, you lost this case,” he said, noting that the court reversed an appeals court ruling that the state had sought to uphold.
De Villiers originally sued the state of Texas in 2020 for property damages under state law, but the state moved the case to federal court and Paxton’s office cited de Villiers’ suit for lack of eligibility. attempted to dismiss the claim.
Jaikomo too Comment highlighted In oral argument, Justice Sonia Sotomayor called the state’s move to file a lawsuit in federal court and then dismiss the claim a “bait-and-switch.”
The Supreme Court agreed with the state of Texas that De Villiers had no constitutional basis to seek damages in federal court, but ruled that he could sue under state law. Mr. De Villiers’ lawsuit against the state of Texas continues back in state court, but Mr. Paxton’s victory claims involve constitutional claims.
“Ritchie will litigate his Fifth Amendment claim after the state of Texas spent countless hours and taxpayers’ money trying to get Ritchie’s Fifth Amendment claim dismissed. ” wrote Robert McNamara, deputy director of the Institute of Justice. in a statement. “The party that gets what he wants is the party that won. What Texas did is called losing. Only politicians claim to have won a case they lost.”
Mr. de Villiers’ lawsuit is based on the claims of about 10 east Houston homeowners who claim their homes suffered severe flooding during Hurricane Harvey because a makeshift sea wall was built on Interstate 10. It represents 120 people.
State law enforcement built a 3-foot-tall temporary dam to prevent flooding so the interstate could be used as an evacuation route. Homeowners claim the fence exacerbated severe flooding in the area and caused extensive damage to their homes.
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