FKM PARTNERSHIP v. BOARD OF REGENTS

No. 05-0661.

255 S.W.3d 619 (2008)

FKM PARTNERSHIP, LTD., A Texas Limited Partnership, Petitioner, v. BOARD OF REGENTS OF the UNIVERSITY OF HOUSTON SYSTEM, Respondent.

Supreme Court of Texas.

Decided June 6, 2008.


Attorney(s) appearing for the Case

H. Dixon Montague, Billy Coe Dyer, Gwen J. Samora, Vinson Elkins, L.L.P., Houston, for FKM Partnership, Ltd., A Texas Limited Partnership.

Barry Ross McBee, Edward D. Burbach, Rafael Edward Cruz, Danica Lynn Milios, Office of the Attorney General, Kristofer S. Monson, Assistant Solicitor General, Cavitt Wendlandt, David S. Morales, Office of Attorney General of Texas, Greg Abbott, Atty. Gen., Kent C. Sullivan, First Asst. Atty. Gen., Austin, for Board of Regents of the University of Houston System.

Ken Wright, Kenneth A. Wright, Dallas, for Amicus Curiae Horace H. Elam.

Justice JOHNSON delivered the opinion of the Court, in which Chief Justice JEFFERSON, Justice HECHT, Justice O'NEILL, Justice WAINWRIGHT, Justice BRISTER, Justice MEDINA, and Justice GREEN joined.


PHIL JOHNSON, Justice.

In this case, we consider whether a trial court retains jurisdiction over a condemnation action after the condemning authority amends its petition to reduce the amount of property to be taken by over ninety-seven percent. We hold that it does. We also hold that the condemning authority is liable for certain fees and expenses to the landowner because the reduction in property condemned is so great as to be in effect a functional dismissal of...

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