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DAHL EX REL. DAHL v. STATE

No. 14-02-00279-CV.

92 S.W.3d 856 (2002)

Rosalie DAHL, as Next Friend of Tina DAHL and Todd Dahl, Minor Children, Beneficiaries of the Victoria Koci Malcolm Estate Trust, Rosalie Dahl, Beneficiary of the Victoria Koci Malcolm Estate Trust, and Ted E. Dahl, as Trustee of the Victoria Koci Malcolm Estate Trust, Appellants, v. The STATE of Texas, Appellee.

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

December 12, 2002.

Attorney(s) appearing for the Case

Timothy A. Hootman, Houston, for appellants.

Gary E. Patterson, Michael E. Denosky, Austin, Thomas Michael Pickford, Houston, for appellee.

Panel consists of Justices YATES, ANDERSON and HUDSON.

OPINION

JOHN S. ANDERSON, Justice.

Appellee, the State of Texas, initiated eminent domain proceedings for a whole taking of a 1.004 acre tract of land and any improvements on the tract. The land had previously been conveyed to Leonidas Vezos by the Victoria Koci Malcolm Estate Trust, with the Trust retaining the improvements and two purchase-money mortgages. In the eminent domain proceedings, the State joined...

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