The State of Texas, Petitioner v. Bristol Hotel Asset Company, Nomura Asset Capital Corporation, and Comptroller Of…

Summary

The Texas Supreme Court held that an executed return of service filed in administrative condemnation proceedings is prima facie evidence that notice of the commissioners' hearing was properly served, reversing the appellate court and remanding for further proceedings. The Court reasoned that the statutory requirements and the analogous treatment of returns of service in judicial proceedings support this evidentiary rule. A dissent argued that the return is hearsay, that the trial court did not err in excluding testimony, and that no death‑penalty sanction occurred.