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STATE v. SCHMIDT

No. 03-94-00032-CV.

894 S.W.2d 543 (1995)

STATE of Texas, Appellant, v. Leon SCHMIDT, Trustee, Appellee.

Court of Appeals of Texas, Austin.

March 8, 1995.

Attorney(s) appearing for the Case

Dan Morales, Atty. Gen., Marci Morrison, Asst. Atty. Gen., Transp. Div., Austin, for appellant.

Daniel M. Anderson, Barron & Adler, Austin, for appellee.

Before POWERS, ABOUSSIE and KIDD, JJ.

POWERS, Justice.

The State of Texas appeals from a judgment rendered in its statutory condemnation proceeding against Leon Schmidt, Trustee, and others. The trial court adjudged all costs against the State and the sole issue on appeal is whether the trial court erred in this respect. We will affirm the judgment.

THE CONTROVERSY

Before the State filed the condemnation proceeding, it offered the property owners $231,880 in an attempt to agree on the...

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