Southwest
Both sides claim victory after Supreme Court rules Texas rancher can sue state over flooded lands
The Supreme Court unanimously ruled Tuesday that ranchers can sue the state of Texas over highway construction they allege flooded their lands.
“This is the pinnacle of a long, hard-fought battle, and we can’t stress enough what a blessing this is,” rancher Richie DeVillier said in a statement after the ruling.
But in an unusual twist, Texas Attorney General Ken Paxton is also claiming victory, stating the court’s decision protects “the ability of Texas to handle compensation disputes under State law for any allegedly taken property.”
The Supreme Court unanimously ruled that Richie DeVillier and other property owners can sue the state of Texas under the Fifth Amendment. (Courtesy Institute for Justice)
SUPREME COURT HEARS CASE OF TEXAS GRANDMOTHER THROWN IN JAIL AFTER CRITICIZING CITY GOVERNMENT
DeVillier’s family has lived in Winnie, Texas, since the early 1900s when his great-grandfather homesteaded the land. In all that time, their 900 acres had never flooded because water naturally flowed south to the Gulf of Mexico, DeVillier said.
Then the Texas Department of Transportation renovated Interstate 10 along the ranch, widening the highway, raising it a foot and a half and adding an impermeable, nearly three-foot-high concrete barrier along the middle of it, according to DeVillier and his lawyers from the Institute for Justice.
The ranch turned into a lake when Hurricane Harvey hit. In addition to extensive damage to their home and belongings, the DeVilliers lost about 60 of their 300 cows and calves, plus seven horses.
“That was one of the most horrible things that I’ve had to go through,” DeVillier previously told Fox News. “It’s hard enough seeing a cow drowned. But horses are a different thing. Horses are parts of our souls.”
Two years later, Tropical Storm Imelda hit and their ranch flooded again.
Left, Richie DeVillier’s son leans over the side of a boat to hold a calf’s head above water. Center, hay bales and ranch equipment stick out of the floodwaters following Hurricane Harvey in 2017. Right, water covers one side of Interstate 10. (Courtesy Institute for Justice)
CANCER SURVIVOR DEALT NEW BLOW AFTER TEXAS POLICE DESTROYED HER HOUSE, BUT LAWYERS SAY CITY STILL HAS TO PAY
The DeVilliers and their neighbors sued, arguing that Texas can turn their farms into a lake if it needs to, but not without paying the property owners. They pointed to the Fifth Amendment of the Constitution, which protects Americans against the taking of property by the government without compensation.
Texas argued that the Takings Clause in the Fifth Amendment didn’t apply since it doesn’t explicitly indicate that a state government must provide just compensation for property it seizes or damages. The 5th Circuit Court of Appeals agreed.
But Texas changed course in January when attorneys presented their cases before the Supreme Court, telling the justices that the ranchers could in fact sue in state court under the Fifth Amendment.
“You’re the one who removed to federal court,” Justice Sonia Sotomayor said at the time. “This seems to me like a totally made-up case because they did exactly what they had to do under Texas law.”
Texas Solicitor General Aaron Nielson rejected that characterization, saying the state may simply have “misunderstood” what the ranchers were arguing, according to SCOTUS transcripts. Nielson said Texas would not oppose an attempt by DeVillier to amend the lawsuit and proceed under state law, according to the court’s opinion, written by Justice Clarence Thomas.
WATCH: RANCHER SAYS TEXAS HIGHWAY PROJECT FLOODED HIS LAND, KILLING CATTLE AND HORSES:
WATCH MORE FOX NEWS DIGITAL ORIGINALS HERE
The Supreme Court unanimously vacated the 5th Circuit decision and ruled that the DeVilliers and other property owners should be allowed to “pursue their claims under the Takings Clause through the cause of action available under Texas law.”
“Texas’s rapid about-face at the Supreme Court means that Richie and his family will still have their day in court,” IJ President and Chief Council Scott Bullock said in a prepared statement.
But Paxton’s office declared itself the winner in the case in a press release Tuesday afternoon.
“For as long as Texas has been Texas, it has recognized that property rights are crucial to a free society,” Paxton said. “Under the U.S. Constitution, such claims should be pursued under state law unless Congress has said otherwise. I’m pleased the Supreme Court agreed with us unanimously that citizens should sue under Texas law.”
IJ Deputy Litigation Director Robert McNamara, who argued on DeVillier’s behalf, was baffled by Texas’ characterization of the outcome.
“The upshot of today’s decision is that Richie’s case against Texas is going to trial when Texas didn’t want it to,” McNamara said. “That’s what losing looks like.”
The Texas attorney general’s office did not respond to emailed questions about the case. The state doesn’t admit or deny in court documents that raising the interstate caused the flooding.
To hear more from DeVillier and to see video of the floods, click here.
Read the full article from Here
Los Angeles, Ca
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Los Angeles, Ca
Woman ambushed, violently attacked by robber in downtown Long Beach
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Los Angeles, Ca
Jury says it is deadlocked in trial of man accused in Palisades Fire
Jurors deliberating the fate of the man accused of starting the Palisades Fire, one of the most destructive wildfires in California’s history, failed to reach a verdict Thursday afternoon, telling the judge they were deadlocked.
A spokesperson from the United States Attorney’s Office told KTLA that jurors will continue to deliberate until they reach a verdict or give up.
Jonathan Rinderknecht, 30, a former Uber driver and one-time Pacific Palisades resident, is accused of starting the Lachman Fire on New Year’s Eve. The fire continued to smolder underground for about a week, even after Los Angeles firefighters believed it had been extinguished.
Flames reignited on Jan. 7, erupting into the deadly Palisades Fire that killed 12 people and destroyed thousands of homes in the upscale community, authorities said.
Prosecutors argued that Rinderknecht deliberately set the fire, claiming he had grown increasingly resentful of wealthy residents and viewed Pacific Palisades as a symbol of that frustration.
“Their case, though circumstantial, is strong,” KTLA legal analyst Alison Triessl said. “The defense is relying on, can they (prosecutors) show beyond a reasonable doubt that Mr. Rinderknecht actually started this fire and it wasn’t the result of fireworks or some intervening cause.”
The defense argued there is no direct physical evidence tying Rinderknecht to the fire and said the prosecution’s case relies entirely on circumstantial evidence. Rinderknecht did not testify during the trial.
Defense attorney Steve Haney spoke outside the courthouse Wednesday about why he believes it will be difficult for prosecutors to prove how the fire started.
“The lack of scene preservation. The fact that they got there after a lot of the evidence was missing. Not a lot of direct evidence. This is a circumstantial case, which is always difficult as a prosecutor to prove,” Haney said.
Rinderknecht, who was arrested and indicted last October, faces up to 45 years in prison if found guilty of three arson counts, including destruction of property by means of fire, arson affecting property used in interstate commerce and timber set afire.
Tony Kurzweil contributed to this report
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