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YORK v. STATE

No. 09-0905.

373 S.W.3d 32 (2012)

Larry YORK d/b/a York Tank Trucks, Petitioner, v. STATE of Texas and Wise County, Texas, Respondent.

Supreme Court of Texas.

Decided June 29, 2012.

Attorney(s) appearing for the Case

Samuel Clifford Bishop , Bishop & Bishop, Decatur, TX, for Larry York.

Harold Joseph Liller , Law Enforcement Div., Attorney General's Office, David A. Talbot Jr. , Consumer Protection, Office of the Attorney General, David S. Morales , Office of the Attorney General of Texas, Deputy First Assistant Attorney General, Clarence Andrew Weber , Kelly Hart & Hallman LLP, Gregory W. Abbott , Attorney General of Texas, Kristofer S. Monson , Assistant Solicitor General, Daniel T. Hodge , First Asst. Attorney General, William J. "Bill" Cobb III , Office of the Attorney General, Austin, TX, James C. Ho , Gibson Dunn & Crutcher LLP, Dallas, TX, for Respondent State of Texas.

Christopher N. Forbis , Sewell and Forbis, Decatur, TX, Thomas M. Michel , Griffith, Jay & Michel, LLP, Fort Worth, TX, for Respondent Wise County.

Justice HECHT delivered the opinion of the Court.

Petitioner sued for a declaration that a final judgment awarding his property to the State was rendered in violation of the Bankruptcy Code's automatic stay1 and therefore void. Petitioner also sued for damages for the lost use of his property as a constitutionally compensable taking. We hold that a judgment that violates the automatic stay is...

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