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COUNTRY COMMUNITY v. HMW SPECIAL UTILITY

No. 01-12-00825-CV.

438 S.W.3d 661 (2014)

COUNTRY COMMUNITY TIMBERLAKE VILLAGE, L.P., Charles and Judith Cayley, Dennis and Tiffany Dillard, Jim and Tina Dillard, Todd and Samantha Downing, Kenneth and Penny Edwards, Stewart and Kelli Guss, Rick and Donna Hawrylak, Leonard and Robbie Higgins, et al., Appellants v. HMW SPECIAL UTILITY DISTRICT OF HARRIS and Montgomery Counties, Appellee.

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

Rehearing Overruled July 10, 2014.

Attorney(s) appearing for the Case

William S. Chesney, III , Frank, Elmore, Lievens, Chesney & Turet, L.L.P., Houston, TX, for Appellants.

Patrick F. Timmons, Jr. , Houston, TX, for Appellee.

Panel consists of Chief Justice RADACK and Justices BLAND and HUDDLE.

OPINION

REBECA HUDDLE, Justice.

This appeal concerns the acquisition of a piece of real property outside a gated subdivision by a special utility district for use as a utility site and the condemnation of a deed restriction affecting that property. At trial, a jury awarded various individual homeowners, including the developer, in the adjacent subdivision damages for the reduction in value each suffered due to the condemnation. The homeowners and the developer...

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