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KMS RETAIL ROWLETT, LP v. CITY OF ROWLETT

No. 17-0850.

593 S.W.3d 175 (2019)

KMS RETAIL ROWLETT, LP f/k/a KMS Retail Huntsville, LP, Petitioner, v. CITY OF ROWLETT, Texas, Respondent.

Supreme Court of Texas.

OPINION DELIVERED: May 17, 2019.

Attorney(s) appearing for the Case

Manuel (Ned) Munoz, Jr. , for Texas Association of Builders, Amicus Curiae.

Scott Houston , for Texas Municipal League, Amicus Curiae.

Jeffrey H. Redfern , Dana Berliner , Arif Panju , for Institute for Justice, Amicus Curiae.

Robert Earl Henneke , for Texas Public Policy Foundation and William Peacock, III, Amicus Curiae.

James D. Bradbury , Courtney Cox Smith , for Texas Farm Bureau, Amicus Curiae.

Ari Cuenin , Jeffrey C. Mateer , Atty. Gen. W. Kenneth Paxton, Jr. , Kyle D. Hawkins , for State of Texas, Amicus Curiae.

David M. Berman , for The City of Rowlett, Texas, Respondent.

Arthur J. Anderson , for KMS Retail Rowlett, LP f/k/a KMS Retail Huntsville, L.P., Petitioner.

The City of Rowlett exercised its eminent-domain authority to take KMS's private-road easement and convert it to a public road connecting several commercial retail and restaurant sites. Pointing...

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