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CITY OF AUSTIN v. TRAVIS COUNTY LANDFILL

No. 03-98-00455-CV.

25 S.W.3d 191 (1999)

CITY OF AUSTIN/Travis County Landfill Company, L.L.C., Appellants, v. TRAVIS COUNTY LANDFILL COMPANY, L.L.C./City of Austin, Appellees.

Court of Appeals of Texas, Austin.

Rehearing Overruled September 14, 2000.

Attorney(s) appearing for the Case

Andrew F. Martin, City Attorney, David Allan Smith, Assistant City Attorney, Austin, for Appellant.

John McClish, Womack, McClish, Wall & Sick, P.C., Austin, for Appellee.

Before Chief Justice ABOUSSIE, Justices KIDD and PATTERSON.

MARILYN ABOUSSIE, Chief Justice.

This case involves the City of Austin's operation of the Austin-Bergstrom International Airport ("the airport"). A jury found the City of Austin ("City") liable to the Travis County Landfill Company, L.L.C. ("TCLC") for taking, by overflights, the airspace over TCLC's property, which is located approximately one-half mile south of one of the airport's two runways. The jury also found that, as a result, TCLC suffered $2,950,000 in damages...

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