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STATE v. BRISTOL HOTEL ASSET CO.

No. 07-0896.

293 S.W.3d 170 (2009)

The STATE of Texas, Petitioner, v. BRISTOL HOTEL ASSET CO., Respondent.

Supreme Court of Texas.

Rehearing Denied August 21, 2009.

Attorney(s) appearing for the Case

Greg W. Abbott, Attorney General of Texas, Kent C. Sullivan, First Assistant Attorney General, David S. Morales, Kristina Weber Silcocks, Susan Desmarais Bonnen, Christopher Charles Gunter, Office of the Attorney General of Texas, Bonnie C. Lockhart, Assistant Attorney General, Austin, TX, for Petitioner.

Sue Wall, John N. McClish, Womack, McClish, Wall & Foster, P.C., Austin, TX, for Respondent.

PER CURIAM.

In this condemnation case, the State of Texas challenges the damages awarded to Bristol Hotel Asset Company. Because the trial court admitted evidence of noncompensable damages, we remand the case for a new trial.

In order to widen part of Loop 410 in San Antonio, the State condemned 0.107 acres of a 5.003-acre hotel property owned by Bristol near the airport. Before the taking, the hotel had three entrance driveways: an eastern driveway with a...

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