Devillier v. Texas (601 U.S. 285)
U.S. Supreme Court · decided April 16, 2024 · Supreme Court Database (Spaeth)
- Citation
- 601 U.S. 285 · 144 S. Ct. 938
- Decided
- April 16, 2024
- Term
- October Term 2023
- Vote
- 9–0
- Majority author
- Justice Thomas
- Issue area
- Due Process
- Disposition
- Vacated and remanded
- Outcome
- Petitioning party won
- Ideological direction
- Conservative
Opinion excerpt
(Slip Opinion) OCTOBER TERM, 2023 1 Syllabus NOTE: Where it is feasible, a syllabus (headnote) will be released, as is being done in connection with this case, at the time the opinion is issued. The syllabus constitutes no part of the opinion of the Court but has been prepared by the Reporter of Decisions for the convenience of the reader. See United States v. Detroit Timber & Lumber Co., 200 U. S. 321 , 337. SUPREME COURT OF THE UNITED STATES Syllabus DEVILLIER ET AL. v. TEXAS CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 22–913. Argued January 16, 2024—Decided April 16, 2024 Richard DeVillier and more than 120 other petitioners own property north of U. S. Interstate Highway 10 between Houston and Beaumont, Texas. The dispute here arose after the State of Texas took action to use portions of I–10 as a flood evacuation route, installing a roughly 3- foot-tall barrier along the highway median to act as a dam. When sub- sequent hurricanes and storms brought heavy rainfall, the median barrier performed as intended, keeping the south side of the highway open. But it also flooded petitioners’ land to the north, causing signif- icant damage to their property. DeVillier filed suit in Texas state court. He alleged that by building the median barrier and using his property to store stormwater, Texas had effected a taking of his prop- erty for which the…
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