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TEXAS FRUIT PALACE v. CITY OF PALESTINE

No. 12-90-00248-CV.

842 S.W.2d 319 (1992)

The TEXAS FRUIT PALACE, INC., Appellant, v. The CITY OF PALESTINE, Appellee.

Court of Appeals of Texas, Tyler.

Rehearing Denied January 6, 1993.

Attorney(s) appearing for the Case

Billy H. Gragg, Palestine, Brooks Hardee, Tyler, for appellant.

George Staples, Jr., Hurst, Charles W. Nichols, Palestine, for appellee.

BILL BASS, Justice.

This is a case involving a city's condemnation of property for the use of the federal government. The Texas Fruit Palace was awarded $160,000 for its property interest after the City of Palestine (hereinafter "the City") initiated condemnation proceedings in order to transfer the property to the United States Postal Service. The Texas Fruit Palace challenges the constitutionality of the condemnation on grounds that the property was not applied...

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