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STATE v. SUNGROWTH VI, CALIFORNIA LTD.

No. 14484.

713 S.W.2d 175 (1986)

The STATE of Texas, Appellant, v. SUNGROWTH VI, CALIFORNIA LTD., et al., Appellees.

Court of Appeals of Texas, Austin.

Rehearing Denied July 16, 1986.

Attorney(s) appearing for the Case

Jim Mattox, Atty. Gen., Michael E. Stork, Asst. Atty. Gen., Austin, for appellant.

John N. McClish, Womack & McClish, P.C., Austin, for appellees.

Before POWERS, EARL W. SMITH and BRADY, JJ.

POWERS, Justice.

The State of Texas appeals from a trial-court judgment awarding appellees1 damages in an eminent-domain proceeding initiated by the State through the State Highway and Public Transportation Commission. We will reform the judgment to delete therefrom a sum awarded appellees as compensation for lost profits attributable to highway construction adjacent to appellees' property. As reformed, we will affirm the judgment.

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