AUSTIN v. CITY OF LUBBOCK

No. 9205.

618 S.W.2d 552 (1981)

R. A. AUSTIN and Wife, Yvonne Austin, Appellants, v. CITY OF LUBBOCK, Appellee.

Court of Civil Appeals of Texas, Amarillo.

Rehearing Denied June 24, 1981.


Attorney(s) appearing for the Case

Brock, Waters & Pigg, Ralph Brock, Lubbock, for appellants.

John C. Ross, Jr., City Atty., Susan M. Tom, James P. Brewster, J. Worth Fullingim, Asst. City Attys., Lubbock, for appellee.


COUNTISS, Justice.

This is a condemnation case. Having concluded that the trial court erroneously disregarded a jury finding that entitled appellants R. A. Austin and Yvonne Austin (hereafter "the Austins") to judgment, we reverse and remand.

In March, 1977, the City of Lubbock (hereafter "the City") decided to improve a heavily traveled street intersection located in an area zoned for single family dwellings. In...

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