State v. PR Investments & Specialty Retailers, Inc.

MAJORITY EN BANC OPINION

KEM THOMPSON FROST, Justice.

This is a condemnation case in which the State of Texas appeals from the trial court’s dismissal of its suit for condemnation of a small portion of a privately-owned tract of land. The main issue in this appeal is the effect of the State’s decision, five days before the date set for the trial de novo in the county court at law, to change the specifics of its planned highway project, without changing the allegations in its pleadings and without changing the property that it sought to condemn. The trial court concluded: (1) this change in…