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  5. 843 S.W.2d 448 (1992)
 

WESTGATE, LTD. v. STATE

No. D-0732.

843 S.W.2d 448 (1992)

WESTGATE, LTD., Robert L. Randolph, Bank One, and Deposit Insurance Bridge Bank, Petitioners, v. STATE OF Texas and City of Austin, Respondents.

Supreme Court of Texas.

Rehearing Overruled December 2, 1992.

Dissent on Motion for Rehearing December 2, 1992.

Separate Dissenting Opinions Filed July 1, 1992.

Attorney(s) appearing for the Case

Carole Tower, John McClish, Austin, for petitioners.

Iris J. Jones, Barney L. Knight, Thomas M. Pollan, James Noble Johnson, Austin, for respondents.

OPINION

PHILLIPS, Chief Justice.

Petitioners' motion for rehearing is overruled. Our opinion of July 1, 1992, is withdrawn and the following is substituted in its place.

This is a condemnation case with a counterclaim by the landowner for inverse condemnation. The primary issue is whether a landowner may recover damages for inverse condemnation under Tex. Const, art. I, § 17 where the government has not physically appropriated, denied access...

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