STATE v. DAWMAR PARTNERS, LTD.

No. 07-0548.

267 S.W.3d 875 (2008)

The STATE of Texas, Petitioner, v. DAWMAR PARTNERS, LTD., A Texas Limited Partnership, and Howard Wayne Gruetzner and Beverly Ann Gruetzner (a/k/a Beverly G. Shaw), Co-Independent Executors of the Estate of Martha Lillian Attaway Gruetzner (a/k/a Martha Lillian Attaway Gruetsner), Respondents.

Supreme Court of Texas.

September 26, 2008.


Attorney(s) appearing for the Case

Greg Abbott, Attorney General of State of Texas, Kent C. Sullivan, First Assistant Attorney General, David S. Morales, Kristina Weber Silcocks, Susan Desmarais Bonnen, John L. Ritts, Sherry L. Peel, Office of the Attorney General, Austin, TX, for Petitioner.

Philip E. McCleery, Sheehy Lovelace & Mayfield, P.C., Waco, TX, Stephen E. McCleery, McCleery Law Firm, Houston, TX, for Respondents.


PER CURIAM.

In this condemnation case, the State of Texas challenges both the amount awarded for land taken as part of a highway improvement project and the compensability of severance damages to the remainder. The principal issue is whether the landowners are entitled to severance damages resulting from permanent denial of direct access to the highway if the restrictions on access changed the "highest and best use" of...

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