ELR Citation: ELR 20058
No(s). Civ.A. 3:04-CV-1378 (N.D. Tex. Mar 2, 2005)

A district court granted a city's motion for summary judgment on landowners' counterclaims against it in a condemnation proceeding involving a piece of private property. After the property's value was assessed, the city deposited the award into a special account and the landowners then withdrew the money from the account. The condemnation proceeding, however, continued as both parties disputed the amount awarded. The landowners then filed a counterclaim against the city for inverse condemnation. The landowners, however, waived any right to complain about the taking by withdrawing the funds from the account.