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Legal Opinion

AVM-HOU, Ltd. v. Capital Metropolitan Transportation Authority

Texas Court of Appeals, 3rd District (Austin)

Decided August 29, 2008No. 03-07-00566-CVPublishedCited by 8 opinions

1Opinion of the Court

OPINION

G. ALAN WALDROP, Justice.

Capital Metropolitan Transportation Authority condemned real property located in Austin, Texas, to use for its bus maintenance facility. AVM-HOU, Ltd. had operated a business on the property as a lessee. Following judgment in the statutory eminent domain proceeding, in which the amount of compensation due for the taking was established, and following apportionment of the condemnation proceeds between the landowner and the lessee, AVM filed suit in district court against Capital Metro, seeking compensation for the taking of its business, based on the theory…

2Cases cited26 opinions

  1. Nixon v. Mr. Property Management Co.Texas Supreme Court · 1985
  2. Provident Life & Accident Insurance Co. v. KnottTexas Supreme Court · 2003
  3. Mayhew v. Town of SunnyvaleTexas Supreme Court · 1998
  4. United States v. General Motors Corp.Supreme Court of the United States · 1945
  5. General Services Commission v. Little-Tex Insulation Co.Texas Supreme Court · 2001

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3Cited by8 opinions

  1. Doan v. Transcanada Keystone Pipeline, LPCourt of Appeals of Texas · 2018
  2. In Re State, Texas Court of Appeals, 3rd District (Austin)2010
  3. City of Blue Mound, Texas v. Southwest Water Company and Monarch Utilities I, LP, Texas Court of Appeals, 2nd District (Fort Worth)2014
  4. State v. Harrell Ranch, Ltd., Texas Court of Appeals, 3rd District (Austin)2008
  5. State v. Moore Outdoor Properties, LP and Arrington Outdoor of Fort Worth, Texas Court of Appeals, 8th District (El Paso)2013

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