HARRIS COUNTY FLOOD CONTROL v. ROBERTS

No. 14-06-00696-CV.

252 S.W.3d 667 (2008)

HARRIS COUNTY FLOOD CONTROL DISTRICT, Appellant, v. Rogers ROBERTS, City of Houston, Jessie R. Lay and Unknown Owners, State of Texas, American Residential Service, Inc., Leasecomm Corporation, Abbott Laboratories, Inc., Harris County, Texas, Houston Community College System, Houston Independent School District, and Clear Channel Outdoor, Inc., Appellees.

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

April 3, 2008.


Attorney(s) appearing for the Case

Laura Fiorentino Cahill, Michael R. Hull, Houston, for appellant.

J. Allen Smith, Katherine Leigh Killingsworth, Scott James Conrad, Dallas, Andrew Paul Toubin, Houston, for appellees.

Panel consists of Justices ANDERSON, FOWLER, and FROST.


OPINION

KEM THOMPSON FROST, Justice.

A condemning authority asserts that the trial court erred in valuing a leasehold interest because, as a matter of law, a billboard sign structure erected on the condemned land was not a fixture that had become part of the realty at the time of the taking. Under the applicable standard of review, we conclude that the trial evidence in the bench trial is conflicting on this issue...

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