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WHITTINGTON v. CITY OF AUSTIN

No. 03-03-00496-CV.

174 S.W.3d 889 (2005)

Harry M. WHITTINGTON; Mercedes B. Whittington; Mercedes Gregg f/k/a Mercedes Whittington, individually and as trustee of the Margaret Lynn Puckett 1989 Trust, the Sara Whittington May 1989 Trust, the Caroline Elizabeth Puckett 1989 Trust, the Michael Erskine May 1989 Trust, the Camille Meriwether May 1989 Trust, and the William Tyndale Puckett, Jr. 1989 Trust; Sally Whittington May, individually and as trustee of the Margaret Lynn Puckett 1989 Trust, the Sara Whittington May 1989 Trust, the Caroline Elizabeth Puckett 1989 Trust, the Michael Erskine May 1989 Trust, the Camille Meriwether May 1989 Trust, and the William Tyndale Puckett, Jr. 1989 Trust; and Margaret Whittington Puckett, individually and as trustee of the Margaret Lynn Puckett 1989 Trust, the Sara Whittington May 1989 Trust, the Caroline Elizabeth Puckett 1989 Trust, the Michael Erskine May 1989 Trust, the Camille Meriwether May 1989 Trust, and the William Tyndale Puckett, Jr. 1989 Trust, Appellants, v. CITY OF AUSTIN, Appellee.

Court of Appeals of Texas, Austin.

September 30, 2005.

Attorney(s) appearing for the Case

John J. McKetta III, Robert J. Hearson, Jr., William Christian, Graves, Dougherty, Hearon & Moody, PC, Austin, for Appellants.

Kenneth A. Wright, Richard G. Rogers, Rogers & Wright, P.C., Dallas, Chester E. Beaver, Assistant City Attorney, Austin, for Appellee.

Before Justices KIDD, B.A. SMITH and PEMBERTON.

OPINION

BOB PEMBERTON, Justice.

Our opinion and judgment issued on June 8, 2005, are withdrawn, and the following opinion is substituted.

This is an appeal in a condemnation case. The trial court1 granted partial summary judgment that the City of Austin (the "City") had authority to condemn eight lots in downtown Austin owned by appellants, Harry M. Whittington and members of his family (the "Whittingtons"). The...

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