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  5. 840 S.W.2d 357 (1991)
 

STATE EX REL. COM'R, DOT v. COX

840 S.W.2d 357 (1991)

STATE of Tennessee, ex rel Commissioner, Department of Transportation, Petitioner/Appellant, v. E.C. COX and wife, Nina Cox, Defendants/Appellees. City of Gallatin, and Sumner County, Tennessee, Defendants.

Court of Appeals of Tennessee, Middle Section, at Nashville.

Rehearing Denied October 2, 1991.

Application for Permission to Appeal Denied March 9, 1992.

Attorney(s) appearing for the Case

Charles W. Burson, Atty. Gen. and Reporter, L. Vincent Williams, Asst. Atty. Gen., Nashville, for petitioner/appellant.

Nathan Harsh, Harsh, Kelly & Smith, Gallatin, for defendant/appellee.

Application for Permission to Appeal Denied by Supreme Court March 9, 1992.

OPINION

LEWIS, Judge.

This condemnation action involves the partial taking of a tract of land in the City of Gallatin, Tennessee, owned by the defendant-appellee, Nina Cox (Cox), in connection with the construction of State Route 109 By-Pass in Sumner County, Tennessee.

The Tennessee Department of Transportation (TDOT) entered into an agreement with the City of Gallatin...

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