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GAR ASSOCIATES v. STATE TEXAS DEPT. TRANSP.

No. 01-05-00886-CV.

224 S.W.3d 395 (2006)

GAR ASSOCIATES III, L.P., Appellant, v. STATE of Texas, Acting by and Through the Texas Department of Transportation, Appellee.

Court of Appeals of Texas, Houston (1st Dist.).

Rehearing Overruled December 21, 2006.

Attorney(s) appearing for the Case

David L.H. Payne, James H. Leeland, Hoover Slovacek, L.L.P., Houston, for Appellant.

Jon Rodney Meador, Susan Desmarais Bonnen, Office of the Attorney General, Transportation Division, Austin, for Appellee.

Panel consists of Justices NUCHIA, JENNINGS, and HIGLEY.

OPINION

TERRY JENNINGS, Justice.

Appellant, GAR Associates III, L.P. ("GAR"), brings this accelerated interlocutory appeal,1 challenging the trial court's order granting the plea to the jurisdiction of appellee, the State of Texas, acting by and through the Texas Department of Transportation ("TXDOT"). In four issues, GAR contends that the trial court erred in granting TXDOT's plea because it had subject matter jurisdiction over...

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