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CITY OF LAREDO v. MONTANO

No. 12-0274.

414 S.W.3d 731 (2013)

CITY OF LAREDO, Texas, Petitioner, v. Luis MONTANO, Cecilia Montano Mota, Cruz Jorge Montano, Clarence Hillburn and Clarence Hillburn as Executor of the Estate of Gloria Montano Hillburn, Deceased, Respondents.

Supreme Court of Texas.

October 25, 2013.

Attorney(s) appearing for the Case

Kristina Kimberlee Laurel , Assistant City Attorney, Raul Casso IV , Office of the City Attorney, Laredo, TX, for City of Laredo.

Adriana Benavides Maddox , Benavides Maddox PC, Richard J. Gonzalez , Laredo, TX, for Luis Montano.

PER CURIAM.

In this eminent-domain case, a jury determined that the City of Laredo's condemnation was not for an authorized public use and awarded attorney's fees and expenses to the property owner under Texas Property Code § 21.019(c). This fee-shifting statute authorizes the trial court to "make an allowance to the property owner for reasonable and necessary fees" and expenses to the judgment date, when condemnation...

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