STATE v. CHERRY

No. 18390.

517 S.W.2d 337 (1974)

The STATE of Texas, Appellant, v. H. S. CHERRY, Appellee.

Court of Civil Appeals of Texas, Dallas.

Rehearing Denied January 9, 1975.


Attorney(s) appearing for the Case

John L. Hill, Atty. Gen., David R. Thomas, Asst. Atty. Gen., Dallas, for appellant.

Bill Jones, McKool, Jones, Shoemaker & Vassallo, Dallas, for appellee.


GUITTARD, Justice.

In this proceeding the State of Texas has taken an 11.25-acre strip of land out of a tract of 81 acres owned by H. S. Cherry. Most of the 81-acre tract lies in a floodplain, but some of it is high ground fronting on a major thoroughfare. All of the strip taken is subject to flooding. Judgment was rendered on a verdict in an amount favorable to the landowner, and the State appeals.

We reverse the judgment on the ground that the trial court...

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