This is the culmination of a more than ten-year long battle whereby Maguire Oil seeks compensation after the City of Houston adopted an ordinance in 1965 mat generally proscribes pollution on lands adjacent to Lake Houston which is a principal source of drinking water for the City. The earlier litigation is reported at Magure Oil Co. v. City of Houston, 143 F.3d 205 (5th Cir. 1998); Maguire Oil Co. v. City of Houston, 69 S.W.3d 350 (Tex. App.—Texarkana 2002, pet. denied) and Maguire Oil Co. v. City of Houston, 243 S.W.3d 714 (Tex. App.—Houston [14th Dist.] 2007, pet. denied). When the 1965 ordinance is enacted it demies the "control area" as the area within five miles from the Lake. In 1977, the ordinance is amended to re-define the "control area" as being the equivalent of the City's extra-territorial jurisdiction. Although not implicated in this action the ordinance is amended again in 1997 to broaden the definition of "control area." Between 1953 and 1991, Maguire acquires five oil and gas leases near the Lake.
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