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CITY OF DALLAS v. STEWART

No. 05-07-01244-CV.

360 S.W.3d 517 (2008)

CITY OF DALLAS, Appellant, v. Heather STEWART, Appellee.

Court of Appeals of Texas, Dallas.

Rehearing Overruled February 23, 2009.

Attorney(s) appearing for the Case

Barbara E. Rosenberg , City of Dallas Attorney's Office, Dallas, TX, for Appellant.

Julius S. Staev , Ward, Staev, Fisk and Arnold, L.L.C., Dallas, TX, for Appellee.

Before Chief Justice THOMAS and Justices MORRIS and FRANCIS.

MEMORANDUM OPINION

Opinion By Justice MORRIS.

After a trial before a jury on her takings claim under article I of the Texas Constitution, Heather Stewart obtained a judgment against the City of Dallas for the demolition of a residential structure she owned. The City appeals, arguing the case should never have been presented to the jury because the doctrine of res judicata bars Stewart's takings claim as...

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