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TCI WEST END, INC. v. CITY OF DALLAS

No. 05-11-00582-CV.

407 S.W.3d 292 (2013)

TCI WEST END, INC., Appellant/Cross-Appellee v. CITY OF DALLAS and Texas Historical Commission, Appellees/Cross-Appellant.

Court of Appeals of Texas, Dallas.

Dissenting Opinion on Denial of Rehearing August 26, 2013.

Attorney(s) appearing for the Case

Melissa A. Johnson , Law Offices of Mitchell Madden, Thomas V. Murto III , Mitchell Madden , Dallas, TX, for Appellant.

Christopher J. Caso , Office of the City Attorney, Barbara E. Rosenberg , James B. Pinson , Dallas, TX, Joe H. Thrash , Austin, TX, for Appellees.

Before Justices FITZGERALD, FILLMORE, and RICHTER.

OPINION

Opinion by Justice RICHTER.

TCI West End, Inc. (TWE) appeals from the trial court's judgment awarding damages to the Texas Historical Commission (the THC) and civil penalties to the City of Dallas based on the jury's finding that TWE demolished a historic structure without the proper approval. TWE asserts five issues generally contending the trial court erred in failing to grant it's request for judgment notwithstanding the verdict because neither...

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