State v. Roberts

BEA ANN SMITH, Justice.

The Texas Department of Transportation (“the State”) appeals from a summary judgment rendered by the trial court in a condemnation proceeding. The trial court awarded the condemnees, John H. Roberts, Maxine Roberts, and John Roberts Austin, Inc., d/b/a John Roberts’ BMW of Austin, d/b/a John Roberts’ Subaru, d/b/a Lexus of Austin (collectively “the Robertses”), $1,385,-000 plus costs and post-judgment interest. We will reverse the summary judgment and remand the cause for a trial on the merits.

BACKGROUND

On January 7, 1993, the State filed its original petition for…