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HARLOW LAND CO., LTD. v. CITY OF MELISSA

No. 05-08-01178-CV.

314 S.W.3d 713 (2010)

HARLOW LAND CO., LTD. and Haley Harlow, Sr. or Ruth Harlow, Trustees, Harlow Living Trust, Dated December 30, 1997, Appellants, v. CITY OF MELISSA, Texas, Appellee.

Court of Appeals of Texas, Dallas.

June 17, 2010.

Attorney(s) appearing for the Case

Mark Heidenheimer, Mark Heidenheimer, P.L.L.C., Grady R. Thompson, McWilliams & Thompson, McKinney, TX, for Appellants.

Richard M. Abernathy, McKinney, TX, for Appellee.

Before Justices MOSELEY, BRIDGES, and FILLMORE.

OPINION

Opinion By Justice MOSELEY.

Appellants Harlow Land Co., Ltd. and Haley Harlow, Sr. or Ruth Harlow, Trustees, Harlow Living Trust, Dated December 30, 1997 challenge the trial court's judgment in this condemnation case. In a motion to dismiss and in its brief, City of Melissa, Texas argues that this case is moot and must be dismissed based on the acceptance-of-benefits doctrine. Appellants responded to this argument in a response to the motion to dismiss...

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