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CITY OF HOUSTON v. KOLB

No. 14-97-00133-CV.

982 S.W.2d 949 (1999)

The CITY OF HOUSTON, Appellant, v. John E. KOLB, James W. McCartney, William M. Linden, Raymond S. Maislin, O. Scott Rogers, Betty Pulaski Weston, B. Red, Inc., Rachel S. Kolb, Dave Kaminsky, Robert I. Kaminsky, Stephen Kaminsky, Charles D. Kolb, James R. Sud, Trustees of The Judith Sud & Betty P. Sud Trust, & J.E. Roussel, Appellees.

Court of Appeals of Texas, Houston (14th Dist.).

January 7, 1999.

Attorney(s) appearing for the Case

Laura Anne Coats, Houston, for appellant.

W. Allyn Hoaglund, Houston, for appellees.

Before Chief Justice MURPHY and Justices HUDSON and O'NEILL.

OPINION ON REHEARING

J. HARVEY HUDSON, Justice.

This is an appeal from a judgment against the City of Houston ("the City") based upon inverse condemnation of a piece of property. The trial court determined there was a "taking" or "damaging" of the property as a matter of law and the jury assessed actual damages in the amount of $1,305,819 plus pre- and post-judgment interest and attorney fees. In three points of error, the City argues: (1) the controversy...

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