ELLER MEDIA CO. v. STATE

No. 2-00-201-CV.

51 S.W.3d 783 (2001)

ELLER MEDIA COMPANY, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Fort Worth.

June 21, 2001.


Attorney(s) appearing for the Case

Settle & Pou, P.C., and J. Allen Smith and Scott J. Conrad, Dallas, Attorneys for Appellant.

John Cornyn, Attorney General of Texas, Andy Taylor, First Asst. A.G., Jeffrey S. Boyd, Deputy A.G. for Litigation, Grady Click, Asst. A.G. and Chief, Transportation Division, Susan Desmarais Bonnen, Asst. A.G., and Jack McGaffey, Asst. A.G., Austin, Attorneys for Appellee.

PANEL A: CAYCE, C.J.; DAY and WALKER, JJ.


OPINION

CAYCE, Chief Justice.

This appeal arises from an eminent domain case in which the trial court dismissed a condemnation suit on the State's motion for nonsuit and dismissal. In five issues, Eller Media Company complains that the district court erred by failing to award expenses as required under section 21.0195 of the property code. We agree and will reverse and render, in part, and affirm, in part.

The State of Texas, acting on behalf of...

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