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Takings Jurisprudence and Municipal Planning and Zoning Practices: The Practical Impact of Sheffield and Stafford

by Robert F. Brown
In 2004, the Texas Supreme Court issued two ground-breaking opinions on regulatory
takings, Sheffield Development Company, Inc. v. City of Glenn Heights, Texas (addressing use restrictions), and Town of Flower Mound, Texas v. Stafford Estates (addressing development exactions), both of which concerned issues of first impression in Texas at that time.

This paper, authored by the attorney that represented the cities in Sheffield and Stafford, provides an analysis of these two cases, how the courts have interpreted and applied them over the last nine years and, most importantly, how these cases impact planning and zoning practices today.

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