KMS RETAIL ROWLETT, LP v. CITY OF ROWLETT

No. 05-16-00402-CV.

559 S.W.3d 192 (2017)

KMS RETAIL ROWLETT, LP f/k/a KMS Retail Huntsville, LP, Appellant v. The CITY OF ROWLETT, Texas, Appellee.

Court of Appeals of Texas, Dallas.

Rehearing En Banc Overruled September 5, 2017.


Attorney(s) appearing for the Case

Arthur J. Anderson , Winstead PC, Dallas, TX, for Appellant.

David M. Berman , Nichols, Jackson, Dillard, Hager & Smith, L.L.P., Dallas, TX, for Appellee.

Before Justices Evans, Stoddart, and Boatright.


MEMORANDUM OPINION

KMS Retail Rowlett, LP, f/k/a KMS Retail Huntsville, LP appeals the trial court's adverse rulings on cross-motions for summary judgment resulting in a final judgment awarding KMS stipulated damages of $31,662 for the City of Rowlett's taking in fee simple of its private drainage, access, and...

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