Benzene Defendant Petitions High Court in Takings Clause Dispute

AUSTIN, Texas -- The City of San Antonio has filed a brief in support of its petition to the state's highest court, arguing that the plaintiffs do not cite a single case where a court has awarded personal injury damages under the Takings Clause. The City of San Antonio v. Pollock, et al., No. 04-1118 (Texas Sup. Ct.).

The City of San Antonio petitioned the state's high court on Aug. 30 to hear arguments that plaintiffs cannot recover the $7.5 million awarded by a jury in personal injury damages under the state's Taking Clause.

In the Oct. 28 reply brief …