STATE v. BROWN

No. 05-0236.

262 S.W.3d 365 (2008)

The STATE of Texas, Petitioner, v. J. Grady BROWN, Jr., Respondent.

Supreme Court of Texas.

August 29, 2008.


Attorney(s) appearing for the Case

Sherry L. Peel, John L. Ritts, Attorney General Greg W. Abbott, Barry Ross McBee, Edward D. Burbach, Grady Click and Kristina Weber Silcocks, Office of Attorney General, Austin, TX, for Petitioner.

Richard H. Kelsey, Lawrence Calvin Collister, John E. Kelsey, Scott Walker Hickey, Kelsey Kelsey Collister & Hickey, Denton, Douglas H. Conner III, Boyle & Lowry, L.L.P., Irving, TX, for Respondent.


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

In this case, we consider whether the Property Code authorizes a landowner to recover fees and expenses from the State when the State amends its condemnation petition to seek property rights different from those it sought before the special commissioners. We hold that under...

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