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CITY OF TYLER v. ARP NURSERY COMPANY

No. 463.

451 S.W.2d 809 (1970)

CITY OF TYLER, Texas, Appellant, v. ARP NURSERY COMPANY et al., Appellees.

Court of Civil Appeals of Texas, Tyler.

Rehearing Denied March 5, 1970.

Second Rehearing Denied March 26, 1970.

Attorney(s) appearing for the Case

H. L. McGee, Jr., W. M. Williams, Jr., Tyler, for appellant.

Spruiell, Lowry, Potter, Lasater & Guinn, Chas. F. Potter, Tyler, for appellees.

MOORE, Justice.

This is a condemnation case brought under the provisions of Art. 3264 et seq., Vernon's Ann.Tex.Civ.St. Condemnor, City of Tyler, filed its petition in condemnation seeking to condemn the surface estate only upon three contiguous tracts of land containing 168 acres owned by condemnees, L. A. Dean and S. Clark Kidd, doing business as Arp Nursery Company. The purpose of the taking was for the construction of a lake to improve the City's water supply...

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