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Art Anderson

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Art Anderson represents landowners, developers and builders in major land use issues with local governmental entities. He also litigates matters before both federal and state courts.

His litigation experience includes trial and appellate victories on vested rights, annexation, impact fee, subdivision approval, eminent domain and other land use matters.  He has experience with land valuation methodology and techniques through his eminent domain and inverse condemnation experience. In addition to arguing before the Texas Supreme Court and various courts of appeals, Art is often asked to prepare and file amicus briefs in these courts. He also processes development applications and presents cases before administrative and legislative bodies.

His trial court and appellate cases include the following:

  • Preventing an impact fee increase in violation of the Texas Impact Fee Act
  • Enforcing a development agreement despite the city’s claim of immunity
  • Preventing a city from extending its building code to its ETJ
  • Obtaining a vested rights determination for a residential subdivision
  • Securing an $8 million jury verdict for an involuntary downzoning
  • Obtaining condemnation awards significantly greater than the government’s original offer
  • Obtaining temporary regulatory takings damages due to delay in city building permit approval
  • Securing an $33 million jury verdict for a regulatory taking

The author of two published books on Texas land use law, Art Anderson has spoken at over 70 seminars and written eight law review or bar journal articles.

Experience

TEXAS SUPREME COURT

  • Levy v. City of Plano, 22 S.W.3d 397 (Tex. 2000)
    Supreme Court reversed court of appeals and held that the trial court had standing to hear client’s vested rights claim.
  • Town of Flower Mound v. Stafford Estates, 134 S.W.3d 620 (Tex. 2004)
    Supreme Court affirmed regulatory taking in road dedication exactions case (amicus).
  • Sheffield v. City of Glenn Heights, 140 S.W.3d 660 (Tex. 2004)
    Supreme Court reversed court of appeals on inverse condemnation claim but upheld Sheffield’s vested rights claim.
  • In re Davis, 269 S.W.3d 581 (Tex. 2008)
    Supreme Court upheld denial of a local option petition to sell alcoholic beverages because new justice of the peace precinct boundaries had changed. 
  • Wheelabrator Air Pollution Control, Inc. v. City of San Antonio, 489 S.W.3d 448 (Tex. 2016)
    Supreme Court reversed court of appeals holding that City’s proprietary activities were shielded by immunity (amicus).
  • City of Lakewood Village v. Bizios, 493 S.W. 3d (Tex. 2016)
    Supreme Court affirmed court of appeals opinion striking down general law town’s extension of building code to the extraterritorial jurisdiction.
  • KMS Rowlett v. City of Rowlett, 593 S.W.3d 175 (Tex. 2019) 
    Supreme Court affirmed court of appeals and held that the City properly exercised its right to condemn.

TEXAS APPELLATE COURTS

  • Jackson v. Stonebriar Pshp., 931 S.W.2d 635 (07/02/1996)
  • Bell v. Katy Indep. Sch. Dist., 994 S.W.2d 862 (06/03/1999)
  • City of Balch Springs v. George F. Lucas Irrevocable Family Trust, 101 S.W.3d 116 (12/23/2002)
  • Werthmann v. City of Fort Worth, 121 S.W.3d 803 (10/16/2003)
  • In re Porter, 126 S.W.3d 708 (02/09/2004)
  • Hartsell v. Town of Talty, 130 S.W.3d 325 (04/09/2004)
  • Brown Outdoor Adver., LLC v. Town of Prosper, 2005 Tex. App. LEXIS 3717 (05/16/2005)
  • City of Lancaster v. Lancaster Millbrook, L.P., 2005 Tex. App. LEXIS 7847 (09/27/2005)
  • In re Spiritas Ranch Enters., L.L.P., 218 S.W.3d 887 (03/22/2007)
  • McKinney Indep. Sch. Dist. v. Carlisle Grace, Ltd., 222 S.W.3d 878 (04/24/2007)
  • Rowlett/2000 Ltd. v. City of Rowlett, 231 S.W.3d 587 (08/20/2007)
  • City of Celina v. City of Pilot Point, 2008, Tex. App. LEXIS 7147 (09/25/2008)
  • City of Princeton v. Beazer Homes Tex., L.P., 2008, Tex. App. LEXIS 9156 (12/09/2008)
  • Rhino Real Estate Invs., Inc. v. City of Runaway Bay, 2009, Tex. App. LEXIS 5706 (07/23/2009)
  • City of Celina v. City of Pilot Point, 2009, Tex. App. LEXIS 6932 (08/31/2009)
  • City of Ovilla v. Triumph Dev. Co., 2010, Tex. App. LEXIS 3119 (04/29/2010)
  • City of Dallas v. Turley, 316 S.W.3d 762 (07/13/2010)
  • City of N. Richland Hills v. Home Town Urban Partners, 340 S.W.3d 900 (04/28/2011)
  • Millwee-Jackson Joint Venture v. DART, 350 S.W.3d 772 (10/31/2011)
  • Town of Flower Mound v. Rembert Enters., 369 S.W.3d 465 (03/01/2012)
  • City of McKinney v. OH Skyline/380, L.P., 375 S.W.3d 580 (07/11/2012)
  • City of Dallas v. Millwee-Jackson J.V., 2014, Tex. App. LEXIS 3691 (04/04/2014)
  • Anderton v. City of Cedar Hill, 447 S.W.3d 84 (08/22/2014)
  • In re City of Dallas, 445 S.W.3d 456 (10/01/2014)
  • Bd. Of Adjustment of the City of Univ. Park v. Legacy Hillcrest Invs. LP, 2014, Tex. App. LEXIS 13065 (12/08/2014)
  • Orchards on the Brazos, L.L.C. v. Stinson, 2015, Tex. App. LEXIS 2609 (03/19/2015)
  • CPM Trust v. City of Plano, 461 S.W.3d 661 (04/07/2015)
  • FLCT, LTD. v. City of Frisco, 493 S.W.2d 238 (05/15/2016)
  • City of Dallas v. Trinity East Energy, LLC, 2017 Tex. App. LEXIS 1070 (02/17/2017)
  • Collin County. v. City of McKinney, 553 S.W.3d 79 (05/10/2018)
  • Anderton v. City of Cedar Hill, 553 S.W.3d 188 (05/25/2018)
  • State v. Vista Ridge, 2019 Tex. App. LEXIS 3222 (04/22/2019)