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FORT BEND CTY. v. BURL. N. & SANTA FE RY. CO.

No. 14-05-01106-CV.

237 S.W.3d 355 (2007)

FORT BEND COUNTY, Texas, Appellant, v. THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY, Appellee.

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

Rehearing Overruled November 8, 2007.

Attorney(s) appearing for the Case

William S. Helfand, Barbara E. Roberts, Kevin D. Jewell, Steven Jon Knight, Houston, for appellant.

Daniel R. McCabe, Jeffrey J. Wolf, Southlake, for appellee.

Panel consists of Justices YATES, ANDERSON, and HUDSON.

OPINION

J. HARVEY HUDSON, Justice.

Appellant, Fort Bend County, appeals the judgment awarding the Burlington Northern and Santa Fe Railroad Company $90,756.51 as reimbursement of expenditures in the adjustment and relocation of an eligible utility facility, required by the County's condemnation of land for a larger railroad crossing. In its sole issue, the County argues the trial court erred in ordering the County to reimburse Burlington for its costs in...

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