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TH INVESTMENTS, INC. v. KIRBY INLAND MARINE

No. 14-05-00204-CV.

218 S.W.3d 173 (2007)

TH INVESTMENTS, INC., Appellant, v. KIRBY INLAND MARINE, L.P. and Port of Houston Authority of Harris County, Texas, Appellees.

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

February 1, 2007.

Attorney(s) appearing for the Case

Andrew Lovell Strong, Arthur L. Schechter, David E. Harrell, John L. Hill, Roland Garcia Jr., Houston, and Michael V. Powell, Dallas, for appellants.

Catherine B. Smith, Daniel V. Flatten, David H. Brown, James S. Barrick, John James Michael, Mark E. Lowes, and Murry B. Cohen, Houston, for appellees.

Panel consists of Justices HUDSON, FOWLER, and SEYMORE.

CORRECTED OPINION

WANDA McKEE FOWLER, Justice.

We originally issued our opinion affirming the trial court's judgment on January 9, 2007. On Kirby Inland Marine, L.P.,'s unopposed motion to correct the opinion, we withdraw our previous opinion and substitute this corrected opinion in its place.1

This appeal by a private landowner, TH Investments ("THI") against the Port of Houston Authority and Kirby Inland Marine, asks...

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