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DILLARD v. ASUTIN INDEP. SCHOOL DIST.

No. 3-88-241-CV.

806 S.W.2d 589 (1991)

Robert W. DILLARD and Diane Dillard, Appellants, v. AUSTIN INDEPENDENT SCHOOL DISTRICT, Appellee.

Court of Appeals of Texas, Austin.

March 20, 1991.

Attorney(s) appearing for the Case

Bill Whitehurst and Scott Ozmun, Austin, for appellants.

Larry F. York, Austin, for appellee.

Before POWERS, GAMMAGE and JONES, JJ.

ON MOTION FOR REHEARING

PER CURIAM.

Our opinion of December 19, 1990, is withdrawn and the following is substituted therefor.

At issue in this cause is the extent of a school district's governmental immunity and its liability for initiating condemnation proceedings. The district court granted a motion for summary judgment based on governmental immunity and the absence of a taking under article I, section 17 of the Texas Constitution. We will affirm...

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