[Download] "Religious Sacred Heart Texas Et Al. v. City Houston" by Supreme Court Of Utah # Book PDF Kindle ePub Free

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eBook details

• Title: Religious Sacred Heart Texas Et Al. v. City Houston
• Author : Supreme Court Of Utah
• Release Date : January 01, 1992
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 100 KB

Description

This is a condemnation action involving the partial taking of a private school for the purposes of extending a roadway. The case was submitted to the jury on the theory that the condemnee was entitled to compensation for the cost of purchasing substitute facilities. The jury returned a verdict for the condemnee in the amount of $18,451,398. The condemnor appealed, arguing, among other things, that the trial court erred in applying the substitute facilities doctrine to the partial taking of a private school. The court of appeals reversed, holding that the substitute facilities doctrine did not apply. 811 S.W.2d 734. The primary question for our determination is whether the substitute facilities doctrine applies to the partial taking of a private school. We hold it does not. We must also consider whether the condemnor waived the application of any theory of compensation other than the substitute facilities doctrine. We hold it did not. We affirm the judgment of the court of appeals and remand the cause to the trial court for further proceedings.

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