TAUB v. DEDMAN

No. 14-98-00972-CV.

56 S.W.3d 83 (2001)

Henry J.N. TAUB, Appellant, v. Robert H. DEDMAN, Individually and as Chairman of the Texas Highway and Public Transportation Commission; Harris County Flood Control District; Orange Construction Company; Ed Orange, Individually and as Owner or a Partner of Orange Construction Company; E & C Group, Inc.; State of Texas; State Department of Highways and Public Transportation also known as the Texas Highway and Public Transportation Commission; Texas Transportation Commission; Texas State Department of Highways and Public Transportation; Texas Department of Transportation; Wayne B. Duddlesten, Individually and as a Member of the Highway Commission; Roy Stoker, Jr., Individually and as a Member of the Highway Commission and as a Member and Chairman of the Texas Transportation Commission and as Commissioner of Transportation; Henry R. Munoz, III, Individually and as a Member of the Highway Commission; David E. Bernsen, Individually and as a Member of the Highway Commission; Arnold W. Oliver, Individually and as an Engineer-Director of the Texas State Department of Highways and Public Transportation and as Executive Director of the Texas Department of the Texas Department of Transportation; Milton M. Dietert, Individually and as District Engineer of District 12 of the Highway Department and as District Engineer of District 12 of the Transportation Department or the Division of Highways and Roads of the Transportation Department; Jon Lindsey, Individually and as County Judge of Harris County, Texas, and as a Member of the Governing Body of the District; El Franco Lee, Individually, as a County Commissioner of the County, and as a Member of the Governing Body of the District; Steve Radack, Individually, as a County Commissioner of the County, and as a Member of the Governing Body of the District; Arthur Storey, Individually and as Director of the Flood Control District, Appellees.

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

Rehearing Overruled August 9, 2001.


Attorney(s) appearing for the Case

William E. Ryan, J. Marcus Hill, Brantly Harris, Charles J. Wilson, Houston, for appellants.

James M. Kimbell, Katherine T. Garber, Randall C. Owens, Sandra D. Hachem, Rodney D. Parrott, Susan Desmarias Bonnen, Houston, for appellees.

Panel consists of Justices CANNON, DRAUGHN, and LEE.


SUBSTITUTED OPINION

CANNON, Justice.

Our opinion of December 21, 2000, is hereby withdrawn and this opinion substituted.

Henry Taub filed suit against various individuals and government and private entities claiming, inter alia, inverse condemnation, wrongful trespass and encroachment, and trespass to try title. On September 19, 1994, the trial court granted what all parties at the time apparently considered a partial summary judgment in favor...

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