State v. Forest Lawn Lot Owners Ass'n

Being thereunto authorized by the Legislature, respondent, as plaintiff, filed suit against the State of Texas, as defendant, seeking damages alleged to have occurred by reason of the building by the State of a highway through Forest Lawn Burial Park, it being alleged that the building of the highway constituted a taking, damaging and destruction of plaintiff’s property for public use without adequate compensation in violation of Article 1, Section 17, of the Constitution of the State of Texas. Other parties were impleaded. At the close of plaintiff’s evidence the Court instructed a verdict…