Kilgore Junior College District v. Kettle Restaurants, Inc.

This is a condemnation case in which the sole issue before this Court is whether a condemnee should be allowed to recover prejudgment interest in the absence of pleadings.

On July 18, 1983, Kilgore Junior College District filed an original petition to condemn a certain tract of land in which Kettle Restaurant, Inc. owned a leasehold interest.1 Special commissioners appointed to assess damages entered an award of $10,-000.00 to Kettle Restaurant, Inc. Pursuant to Tex.Rev.Civ.Stat.Ann. art. 3268 (Vernon 1968),2 Kilgore Junior College deposited the award with the registry of the court on August…