STATE v. MOMIN PROPERTIES, INC.

No. 01-12-00854-CV.

409 S.W.3d 1 (2013)

The STATE of Texas, Appellant v. MOMIN PROPERTIES, INC. and W & J Investments, Inc. d/b/a Gas "N" Stuff, Appellees.

Court of Appeals of Texas, Houston (1st Dist.).

June 6, 2013.


Attorney(s) appearing for the Case

Greg Abbott , Attorney General of Texas, Susan Demarais Bonnen , Philip B. Arnold , Assistant Attorneys General, Austin, TX, for Appellant.

J. Marcus Hill , Hill & Hill, P.C., Houston, TX, for Appellees.

Panel consists of Justices JENNINGS, BLAND, and MASSENGALE.


OPINION

MICHAEL MASSENGALE, Justice.

The State of Texas brings this interlocutory appeal from the denial of a plea to the jurisdiction challenging the legal viability of an inverse condemnation suit brought by the owners of a corner gas station. The property at issue abutted a farm-to-market road until the State constructed an overpass, which had the effect of diverting the main flow of traffic which previously had passed directly by the gas station.

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