Fkm Partnership, Ltd., a Texas Limited Partnership, Petitioner v. Board of Regents of the University of Houston…

Summary

The Texas Supreme Court affirmed the Court of Appeals, holding that the trial court retains jurisdiction after the condemning authority amends its petition to drastically reduce the land sought, and that such amendment constitutes a dismissal within the meaning of Tex. Prop. Code § 21.019(b) allowing the landowner to recover fees and expenses. The Court also held that damages under § 21.044 are unavailable because the University retained the right to condemn. Justice WILLETT concurred in part and dissented in part.