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SANDY CREEK INVESTORS v. CITY OF JONESTOWN, TEX.

No. 02-50420.

325 F.3d 623 (2003)

SANDY CREEK INVESTORS, LTD., Plaintiff-Appellant-Cross Appellee, v. The CITY OF JONESTOWN, TEXAS; et al., Defendants, The City of Jonestown, Texas, Defendant-Appellee-Cross Appellant.

United States Court of Appeals, Fifth Circuit.

March 24, 2003.

Attorney(s) appearing for the Case

Eric Jay Taube (argued), Sarah J. Starnes, Hohmann, Taube & Summers, Austin, TX, for Sandy Creek Investors, Ltd.

William Michael McKamie (argued), Deborah L. Leach, Fletcher & Springer, San Antonio, TX, Lance Caughfield, Fletcher & Springer, Dallas, TX, for City of Jamestown, TX.

Before JONES, DeMOSS, and WIENER, Circuit Judges.

DeMOSS, Circuit Judge:

Sandy Creek Investors, Ltd. ("Sandy Creek"), a Texas limited partnership, is the owner of real property located in a portion of Travis County, Texas, known as North Lake Hills Subdivision (hereinafter referred to as "the Property"). Sandy Creek acquired the Property as well as other surrounding real property in December 1996 with the intent to develop a marina on the Property. The Property was not located within the boundary limits of the City...

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