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CITY OF HOUSTON v. VAN DE MARK

No. 06-01-00125-CV.

83 S.W.3d 864 (2002)

CITY OF HOUSTON, Appellant, v. John S. Van de MARK, et al., Appellees.

Court of Appeals of Texas, Texarkana.

Decided July 17, 2002.

Rehearing Overruled August 13, 2002.

Attorney(s) appearing for the Case

Robert P. McConnell, Kimerley Mickelson, Olson & Olson, Houston, for appellant.

Walker W. Beavers, Charles B. McFarland, Vinson & Elkins, LLP, Houston, for appellee.

Before GRANT, ROSS, and CORNELIUS, JJ.

OPINION

Opinion by Justice CORNELIUS.

The City of Houston appeals from a judgment divesting it of title to 40.81 acres of land (47.54 less 6.729 taken by the State), formerly a part of MacGregor Park in Houston, and vesting fee simple title to that land in John S. Van de Mark and others, herein called the "MacGregor heirs." The judgment is based on a jury verdict finding that the City violated a reverter provision in the deed whereby the heirs of Henry F...

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