Motion Denied and Order filed October 6, 2016

In The Fourteenth Court of Appeals ____________ NO. 14-14-00938-CV ____________ JOSE GERARDO PADILLA, GIOVANNA PADILLA AND HOUSTON BEST FOODS & SERVICES, LLC D/B/A DONERAKI FULTON, Appellants V. METROPOLITAN TRANSIT AUTHORITY OF HARRIS COUNTY, Appellee

On Appeal from County Civil Court at Law No. 4 Harris County, Texas Trial Court Cause No. 1010704 ORDER Appellee’s motion for en banc reconsideration is DENIED. The panel notes that appellee’s arguments regarding additional elements of an inverse condemnation claim, based on the supreme court’s recent opinion on rehearing in Harris County Flood Control District v. Kerr, were not presented to the trial court as grounds for dismissal and the record was not developed regarding those issues.

PER CURIAM