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DAVIS v. CITY OF PALESTINE

No. 12-95-00180-CV.

988 S.W.2d 854 (1999)

Harold DAVIS and Patricia Ann Davis, Appellants, v. CITY OF PALESTINE, Appellee.

Court of Appeals of Texas, Tyler.

Rehearing Overruled April 13, 1999.

Attorney(s) appearing for the Case

James C. Boone, Palestine, for appellant.

Charles T. Jeremiah, William S., Helfand, Houston, for appellee.

Panel consisted of RAMEY, C.J., HADDEN, J., and WORTHEN, J.

OPINION ON REMAND

JIM WORTHEN, Justice.

On August 27, 1997, we delivered a published opinion and rendered judgment reversing the trial court's summary judgment for the City of Palestine ("the City"). In our opinion, we concluded that because the City did not meet its burden of proof to show that it was entitled to judgment as a matter of law on the issues of sovereign immunity and constitutional taking, the trial court erred when it granted summary...

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