Legal Opinion

Texas Fruit Palace, Inc. v. City of Palestine

Texas Court of Appeals, 12th District (Tyler)

Decided August 31, 1992No. 12-90-00248-CVPublishedCited by 6 opinions

1Opinion of the Court

BILL BASS, Justice.

This is a case involving a city’s condemnation of property for the use of the federal government. The Texas Fruit Palace was awarded $160,000 for its property interest after the City of Palestine (hereinafter “the City”) initiated condemnation proceedings in order to transfer the property to the United States Postal Service. The Texas Fruit Palace challenges the constitutionality of the condemnation on grounds that the property was not applied to “public” use. We will affirm the trial court’s judgment.

The Texas Fruit Palace is a non-profit corporation that operates the…

2Cases cited15 opinions

  1. Berman v. ParkerSupreme Court of the United States · 1954
  2. Kohl v. United StatesSupreme Court of the United States · 1876
  3. Housing Authority v. HigginbothamTexas Supreme Court · 1940
  4. Collins v. SmithTexas Supreme Court · 1943
  5. Imperial Irrigation Co. v. JayneTexas Supreme Court · 1911

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3Cited by6 opinions

  1. South Carolina Department of Transportation v. M & T Enterprises of Mt. Pleasant, LLC.Court of Appeals of South Carolina · 2008
  2. Holiday Inns, Inc. v. State, Texas Court of Appeals, 7th District (Amarillo)1996
  3. Enbridge G & P (East Texas) L.P. v. Ben Samford and Wife Bette Ann Samford, Cecil Jackson and Wife Michelle Jackson and Sammy MonkCourt of Appeals of Texas · 2015
  4. Gene Smirl D/B/A Gene's Pearland Exxon and Gene Smirl D/B/A Pearland Motor Company v. State, Texas Court of Appeals, 1st District (Houston)2014
  5. South Carolina Department of Transportation v. M & T Enterprises of Mt. Pleasant, LLC.Court of Appeals of South Carolina · 2008

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