KIRSCHKE ET AL.
v.
CITY OF HOUSTON
KIRSCHKE ET AL.
CITY OF HOUSTON
364 U.S. 474
Supreme Court of the United States (1960)
Positive Treatment
Cited by 2 cases
Per_curiam
Per Curiam.
The appeal herein is dismissed for the reason that the judgment of the Supreme Court of Texas, sought here to be reviewed, is based upon a nonfederal ground adequate to support it.
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Citator
Cited By
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Southpark Square Ltd. v. City OF Jackson, 565 F.2d 338 (5th Cir. 1977)…f return, or that other potential use of the property was foreclosed”. Benenson v. United States, 548 F. 2d 939, 949 (Ct.Cl.1977) (quoting from 516 F. 2d at 1066). In Kirschke v. City of Houston, 330 S.W. 2d 629 (Tex.Civ.App.1960), appeal dismissed, 364 U.S. 474, 81 S.Ct. 242, 5 L.Ed.2d 221 (1960), a Texas court held that denial of a building permit because of anticipated highway construction was not a constitutional taking where the property owner could still compel issuance of the permit by mandamus. Sixt…