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DUER WAGNER & CO. v. CITY OF SWEETWATER

No. 11-00-00276-CV.

112 S.W.3d 628 (2003)

DUER WAGNER & CO. et al., Appellants, v. CITY OF SWEETWATER, Appellee.

Court of Appeals of Texas, Eastland.

June 18, 2003.

Attorney(s) appearing for the Case

Earl A. Hargrave, Glenn Sodd, Micah Hadden, Dawson & Sodd, P.C., Corsicana, George Chapman, Scott P. Stolley, Thompson & Knight, Dallas, W.H. Hoffmann, Jr., Eastland, for appellant.

Lance Hall, R. Temple Dickson, Moore, Dickson, Maxwell & Baker, Peter F. Sheridan, Griggs & Sheridan, Rod E. Wetsel, Steakley & Wetsel, Sweetwater, for appellee.

Panel consists of ARNOT, C.J., and WRIGHT, J., and McCALL, J.

Opinion

W.G. ARNOT, III, Chief Justice.

This is an appeal from a condemnation proceeding wherein the only issue in the trial court was the value of the property taken by eminent domain. The parties waived a jury trial, and the trial court found that the land had a total value of $556,110. Duer Wagner appeals. We reverse and remand.

Duer Wagner owned an undivided 39.232955 percent of the 1,798.4 acres that were condemned by the City of Sweetwater...

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