STATE v. HIPP

Nos. 3-91-053-CV, 3-91-215CV.

832 S.W.2d 71 (1992)

STATE of Texas, Appellant, v. Shirrell D. HIPP, et ux., et al., Appellees. STATE of Texas, Appellant, v. C. Milton DOWD, et ux., Appellees.

Court of Appeals of Texas, Austin.

May 6, 1992.


Attorney(s) appearing for the Case

Dan Morales, Atty. Gen., Bonnie C. Lockhart, Mark Heidenheimer, Asst. Attys. Gen., Austin, for the State.

Sue Wall, John McClish, Womack & McClish, P.C., Austin, for Shirrell D. Hipp, et ux., et al.

John McClish, Kent A. Sick, Womack & McClish, P.C., Austin, for C. Milton Dowd, et ux.

Before CARROLL, C.J., and JONES and SMITH, JJ.


JONES, Justice.

These are condemnation cases. In separate causes, the State of Texas, appellant, acting by and through the State Highway and Public Transportation Commission, brought condemnation proceedings against Shirrell D. Hipp, et al., and C. Milton Dowd, et al. (collectively, "the landowners"), appellees, to acquire property for a highway project. Both cases were tried to a jury, and in each cause the jury failed to find that the State negotiated with the landowners...

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