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ZBOYAN v. FAR HILLS UTILITY DIST.

No. 09-06-147 CV.

221 S.W.3d 924 (2007)

Roy W. ZBOYAN, Appellant, v. FAR HILLS UTILITY DISTRICT, Appellee.

Court of Appeals of Texas, Beaumont.

Decided April 26, 2007.

Attorney(s) appearing for the Case

James B. Blackburn, Jr., Mary W. Carter, Charles W. Irvine, Blackburn Carter, P.C., Houston, for appellant.

Michael C. Falick, Sydney N. Floyd, Rothfelder & Falick, LLP, Houston, for appellee.

Before McKEITHEN, C.J., GAULTNEY and HORTON, JJ.

OPINION

STEVE McKEITHEN, Chief Justice.

In this appeal, Roy W. Zboyan challenges Far Hills Utility District's exercise of its power of eminent domain to acquire a 3.287 acre tract of land located just beyond the borders of the district. The trial court denied Zboyan's motion for partial summary judgment, which sought dismissal of the utility district's petition to acquire fee simple title to Zboyan's property, and granted the utility district's motion for...

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