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STATE v. McCARLEY

No. 03-07-00069-CV.

247 S.W.3d 323 (2007)

The STATE of Texas, Appellant, v. Lloyd S. McCARLEY et al., Appellee.

Court of Appeals of Texas, Austin.

Rehearing Overruled February 21, 2008.

Attorney(s) appearing for the Case

Sherry L. Peel, Asst. Atty. Gen., Austin, TX, for Appellant.

John McClish, Womack, McClish, Wall & Foster, P.C., Austin, TX, for Appellee.

Before Justices PATTERSON, PURYEAR and PEMBERTON.

OPINION

BOB PEMBERTON, Justice.

The State of Texas appeals from a judgment in a statutory condemnation proceeding awarding Lloyd McCarley $366,820 as just compensation for the State's taking of 836 square feet from his property for use in the Texas Department of Transportation's construction of the State Highway 45 toll road project. The judgment was based on a jury's verdict on a single issue inquiring as to the amount of damages. The jury awarded...

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