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STATE v. MUNDAY ENTERPRISES

No. D-2296.

868 S.W.2d 319 (1993)

STATE of Texas and City of Austin, Petitioners, v. MUNDAY ENTERPRISES, et al., Respondents.

Supreme Court of Texas.

Rehearing Overruled February 2, 1994.

Attorney(s) appearing for the Case

John J. Greene, Diana L. Granger, James Noble Johnson, Dan Morales, Austin, for petitioners.

John N. McClish, Austin, for respondents.

PER CURIAM.

This case arises out of the condemnation of part of a commercial tract in order to widen and convert U.S. Highway 183 into an elevated controlled-access highway. The issue here concerns not the value of the part taken, but the compensation recoverable for damages to the remainder. In State v. Schmidt, 867 S.W.2d 769 (Tex.1993), we held that landowners are not as a rule entitled to compensation for a decrease in...

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