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CITY OF SUGAR LAND v. HOME AND HEARTH

No. 11-05-00062-CV.

215 S.W.3d 503 (2007)

CITY OF SUGAR LAND, Texas, Appellant, v. HOME AND HEARTH SUGARLAND, L.P., Appellee.

Court of Appeals of Texas, Eastland.

January 18, 2007.

Attorney(s) appearing for the Case

J. Mark Breeding, Frederick D. Junkin, C. Charles Dippel, Paul S. Radich, Andrews Kurth, L.L.P., Houston, for appellant.

W. Allyn Hoaglund, Hoaglund Law Firm, Houston, John H. McFarland, Craig T. Enoch, Winstead Sechrest & Minick P.C., Austin, for appellee.

Panel consists of: WRIGHT, C.J., McCALL, J., and STRANGE, J.

OPINION

JIM R. WRIGHT, Chief Justice.

This is an appeal in an eminent domain proceeding. Home and Hearth Sugarland, L.P. (Home and Hearth) owned a tract of land in the City of Sugar Land, Texas.1 The City instituted condemnation proceedings in which it acquired the entire interest of Home and Hearth as to a portion of the property as well as a drainage easement across another portion of the property. Home and Hearth owned a hotel...

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