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STATE v. FIESTA MART, INC.

No. 14-06-00826-CV.

233 S.W.3d 50 (2007)

The STATE of Texas, Appellant v. FIESTA MART, INC., Appellee.

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

Rehearing Overruled September 20, 2007.

Attorney(s) appearing for the Case

Kristofer S Monson, Lisa Marie Nieman, Walter C. Brocato, Austin, TX, for appellants.

Billy C. Dyer, H. Dixon Montague, Houston, TX, for Appellee.

Panel consists of Chief Justice HEDGES and Justices HUDSON and GUZMAN.

OPINION

J. HARVEY HUDSON, Justice.

The State of Texas brings this interlocutory appeal from a county court decision denying its plea to the jurisdiction. In five issues, the State complains that the court erred in denying its plea to the jurisdiction because (1) Fiesta, as a lessee of the property, does not have an ownership interest in the property being seized, (2) Fiesta cannot recover lost profits because it has not alleged impairment of access, and...

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