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SCHUMANN v. CITY OF SCHERTZ

No. 04-02-00362-CV.

100 S.W.3d 361 (2002)

David G. SCHUMANN and Candice Schumann, Appellants, v. CITY OF SCHERTZ, Texas, Appellee.

Court of Appeals of Texas, San Antonio.

December 11, 2002.

Attorney(s) appearing for the Case

Craig L. Austin, Law Offices of Craig L. Austin, San Antonio, for Appellant.

James S. Frost, Kirkendall, Frost & Allen, P.L.L.C., Seguin, for Appellee.

Sitting: PHIL HARDBERGER, Chief Justice, ALMA L. LÓPEZ, Justice, CATHERINE STONE, Justice, PAUL W. GREEN, Justice, SARAH B. DUNCAN, Justice, KAREN ANGELINI, Justice, SANDEE BRYAN MARION, Justice.

OPINION

Opinion by PHIL HARDBERGER, Chief Justice.

This is an accelerated appeal of the denial of a temporary injunction. David and Candice Schumann ("Schumanns") sought the injunction to prevent the City of Schertz ("City") from taking action in furtherance of the condemnation of the Schumanns' property. The Schumanns contend that the condemnation proceedings in the Guadalupe County Court at Law were void because the county court at law did not have eminent...

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