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CITY OF DALLAS v. RASH

No. 16303.

375 S.W.2d 502 (1964)

CITY OF DALLAS, Appellant, v. Billie Jo Lane RASH et vir, Appellees.

Court of Civil Appeals of Texas, Dallas.

Rehearing Denied February 21, 1964.

Attorney(s) appearing for the Case

H. P. Kucera, City Atty., N. Alex Bickley and Kenneth C. Dippel, Asst. City Attys., Dallas, W. H. Frank Barnes, Terrell, for appellant.

Wynne & Wynne, Wills Point, Clyde Elliott, Jr., Canton, for appellees.

WILLIAMS, Justice.

In the exercise of its right of eminent domain (Art. 1109, Vernon's Ann.Civ.St.) the City of Dallas instituted condemnation proceedings to take for pipeline purposes 8.2 acres of land out of a 210 acre tract of land in Van Zandt County, Texas belonging to the appellees. Prior to the taking of this land appellees had subdivided this property into lots. The property taken by the City coincided with 38 lots...

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