Legal Opinion
State v. Nico-Wf1, L.L.C.
Texas Court of Appeals, 13th District
Decided December 16, 2010No. 13-09-00315-CVPublishedCited by 1 opinion
1Opinion of the Court
MEMORANDUM OPINION
Memorandum Opinion by
Justice BENAVIDES.
This is an appeal from an order granting NICO-WF1, L.L.C.’s (“NICO”) motion for summary judgment on its counter-suit for declaratory judgment and denying the motion for summary judgment filed by the State of Texas and the Texas Department of Transportation (collectively, the “State”).
The underlying suit brought by the State involves NICO’s building and concrete awning located on Arroyo Boulevard in the city of Los Fresnos, Texas, which the State argues encroaches upon its public use right-of-way. By four issues, the State argues that:…
2Cases cited12 opinions
- Valence Operating Co. v. DorsettTexas Supreme Court · 2005
- FM Properties Operating Co. v. City of AustinTexas Supreme Court · 2000
- City of Mission v. PopplewellTexas Supreme Court · 1956
- Hill Farm, Inc. v. Hill CountyTexas Supreme Court · 1969
- Humble Oil & Refining Co. v. BlankenburgTexas Supreme Court · 1951
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3Cited by1 opinion
- The State of Texas and the Texas Department of Transportation v. Nico-Wf1, L.L.C.Texas Supreme Court · 2012