PR INVESTMENTS AND SPECIALTY RETA. v. STATE

No. 04-0431.

251 S.W.3d 472 (2008)

PR INVESTMENTS AND SPECIALTY RETAILERS, INC., Petitioners, v. The STATE of Texas, Respondent.

Supreme Court of Texas.

Decided February 15, 2008.

Rehearing Denied May 30, 2008.


Attorney(s) appearing for the Case

Greg Abbott, Attorney General of Texas, Barry Ross McBee, Edward D. Burbach, Rafael Edward Cruz, Joseph Hughes, Susan Desmarais Bonnen, Danica Lynn Milios, David S. Morales, Office of the Attorney General, Kristofer S. Monson, Assistant Solicitor General, Kent C. Sullivan, First Assistant Attorney General, Austin, TX, for Respondent.

H. Dixon Montague, Gwen J. Samora, Billy Coe Dyer, Charles Black McFarland, Vinson & Elkins, L.L.P., W. Allyn Hoaglund, Hoaglund Law Firm, Houston, TX, for Petitioner.

Stephen I. Adler, Barron Adler & Anderson, LLP, Austin, TX, Amicus Curiae.


Justice WILLETT delivered the opinion of the Court.

In this condemnation case, we consider whether the trial court retains jurisdiction in proceedings under chapter 21 of the Property Code when the condemning authority's road-design plan varies from what was considered by the special commissioners. We hold that a condemning authority's decision to change the traffic-flow design (revising the road's signs and stripes but not its intended use) does not divest the trial...

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