SCOTX Rules Against River Authority in Hurricane Harvey Flooding Case

The Texas Supreme Court ruled Friday that a state agency can be sued for property damage in the Houston area caused by waters released from Lake Conroe Reservoir during the height of Hurricane Harvey.

In its 8-1 decision, the court said, in effect, that a government action doesn’t have to be formal in nature — a regulation, an ordinance or an enforcement proceeding — to be a “physical taking” that provokes a waiver of sovereign immunity allowing a property owner to sue.