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BROWNLOW v. STATE

No. 14-07-00547-CV.

251 S.W.3d 756 (2008)

Charles Lynn BROWNLOW and Marlene H. Brownlow, Appellants, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Houston (14th Dist.).

Rehearing Overruled May 29, 2008.

Attorney(s) appearing for the Case

William D. Noel, Houston, for Charles appellants.

Walter C. Brocato, Austin, for appellee.

Panel consists of Chief Justice HEDGES, Justice ANDERSON, and Senior Justice PRICE.

OPINION

FRANK C. PRICE, Senior Justice (Assigned).

Appellants Charles Lynn Brownlow and Marlene H. Brownlow ("Brownlows") appeal from the trial court's granting of the State's plea to the jurisdiction on June 26, 2007. They contend that the State has waived sovereign immunity in their inverse condemnation claim. The State responds that because the soil was properly disposed of in a previous condemnation proceeding, this rendered the Brownlows' inverse condemnation...

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