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DUNCAN v. CALHOUN COUNTY NAVIGATION DIST.

Nos. 13-99-343-CV to 13-99-347-CV.

28 S.W.3d 707 (2000)

Paula S. Wakefield DUNCAN and Michael D. Duncan, Appellants, v. CALHOUN COUNTY NAVIGATION DISTRICT, Appellee. Louis Foester, III, and Wife, Shirley Foester, Appellants, v. Calhoun County Navigation District, Appellee. Josephine Foester Bishop, Investment Partnership, Ltd., And Louis Foester, III, Appellants, v. Calhoun County Navigation District, Appellee. Wayne Henderson and Wife, Hattie Henderson, Appellants, v. Calhoun County Navigation District, Appellee. James E. Shannon, Jr. and Carolyn C. Shannon, Appellants, v. Calhoun County Navigation District, Appellee.

Court of Appeals of Texas, Corpus Christi.

Opinion Overruling Rehearing September 28, 2000.

Attorney(s) appearing for the Case

John D. Murphree, Murphy & Murray, L.L.P., Victoria, for Appellants.

Wanda Roberts, David Roberts, Garner, Roberts & Roberts, Port Lavaca, Frank E. Weathered, Dunn & Weathered, Corpus Christi, for Appellee.

Before Chief Justice SEERDEN and Justices DORSEY and YANEZ.

OPINION

Opinion by Justice DORSEY.

Appellants are various landowners upon whose land an easement was acquired through eminent domain by the Calhoun County Navigation District. The Navigation District sought partial summary judgment on the issue of its authority to take the property through the power of eminent domain.1 The trial court granted summary judgment and severed the condemnation proceeding into two cause numbers, separating...

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