STATE v. COLONIA TEPEYAC, LTD.

No. 05-10-01248-CV.

391 S.W.3d 563 (2012)

The STATE of Texas, Appellant/Cross-Appellee v. COLONIA TEPEYAC, LTD., A Texas Limited Partnership, Appellee/Cross-Appellant.

Court of Appeals of Texas, Dallas.

August 2, 2012.


Attorney(s) appearing for the Case

Susan Desmarais Bonnen , Hayat F. Nassour , Assistant Attorneys General, Transportation Div., Austin, TX, for Appellant/Cross-Appellee.

Kenneth B. Chaiken , Chaiken & Chaiken, P.C., Jay Krystinik , Bryan Cave, LLP, Dallas, TX, for Appellee/Cross-Appellant.

Before Justices FITZGERALD, MURPHY, and FILLMORE.


OPINION

Opinion By Justice FITZGERALD.

This is a condemnation case. A jury awarded the landowner, appellee/cross-appellant Colonia Tepeyac, Ltd., about $937,000, and the trial judge rendered judgment on the jury verdict after allowing an offset for money already paid. The State appeals, raising four issues including jury-charge error. We conclude that there was charge error and so reverse and remand for further proceedings.

I. BACKGROUND

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