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CITY OF EMORY v. LUSK

No. 12-08-00059-CV.

278 S.W.3d 77 (2009)

CITY OF EMORY, Appellant/Cross-Appellee v. Scott LUSK and Lisa Lusk, Appellees/Cross-Appellants.

Court of Appeals of Texas, Tyler.

January 30, 2009.

Attorney(s) appearing for the Case

J. Brad McCampbell, Greenville, Philip D. Alexander, Emory, for Appellant.

Michael G. Carroll, Tyler, for Appellee.

Panel consisted of WORTHEN, C.J., GRIFFITH, J., and HOYLE, J.

OPINION

JAMES T. WORTHEN, Chief Justice.

The City of Emory appeals a trial court judgment embodying a jury's $10,000.00 award to Scott and Lisa Lusk as damages for a sewer easement taken by the City through inverse condemnation. In six issues, the City contends the judgment should be reversed because the Lusks consented to the taking, waived their right to seek damages, and failed to present evidence sufficient to support the award of damages. Contending...

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