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INTERSTATE NORTHBOROUGH v. STATE

No. 00-0070.

66 S.W.3d 213 (2001)

INTERSTATE NORTHBOROUGH PARTNERSHIP, et al., Petitioners, v. STATE of Texas, Respondent.

Supreme Court of Texas.

Decided October 25, 2001.

Attorney(s) appearing for the Case

H. Dixon Montague, Marie R. Yeates, Billy Coe Dyer, Sandra Garza Rodriguez, Vinson & Elkins, Houston, petitioners.

Randall M. Ward, John Cornyn, Andy Taylor, Locke, Liddell & Sapp, Linda Eads, Grady Click, Howard G. Baldwin, Deputy Atty. Gen. for Child Support., Susan Desmarais Bonnen, Walter C. Brocato, Jeffrey S. Boyd, Austin, for respondent.

Justice BAKER delivered the opinion of the Court.

We deny the State's motion for rehearing. We withdraw our opinion dated May 10, 2001, and substitute the following in its place.

This condemnation case presents two issues: (1) whether damages resulting from a commercial property's increased proximity to a roadway, with attendant loss of curb appeal, green space, and "buffer" zone, are special rather than community...

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