Construction Projects & Contracts; Real Property, Facilities & Construction
Pizza Hut of America, L.L.C. v. Houston Community College System (Tex. App. Dec. 19, 2017)
Memorandum Opinion affirming the trial court’s finding that Plaintiff lacked standing. Plaintiff, Pizza Hut of America, L.L.C., alleges that as a tenant of Woodridge Plaza—a property acquired by Defendant Houston Community College System (HCCS) through a petition for condemnation for educational purposes—Plaintiff had standing in the condemnation proceeding and was entitled to a portion of the condemnation award. To establish standing in a condemnation proceeding and therefore to receive a condemnation award, a Plaintiff must show that they have a viable interest in the outcome of HCCS’s taking under its lease terms. Here, the court found that Plaintiff did not show that it had a viable interest in Defendant’s taking because Plaintiff did not suffer harm as a result of the condemnation, specifically because the condemnation did not impair Plaintiff’s physical access or use of the property, and Plaintiff did not incur any improvement costs or relocation expenses as a result of the condemnation.