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Reversed and Remanded and Opinion filed May 1, 2008.

OPINION

In this appeal, the Harris County Hospital District (“Hospital District”) appeals the trial court’s dismissal of its condemnation action, in which it sought to acquire property owned by Textac Partners I (“Textac”) as part of an LBJ Hospital expansion project. In its first three issues, the Hospital District contends that the trial court erred in granting Textac’s motion to dismiss and in rendering judgment on a jury’s verdict in favor of Textac for damages and attorney’s fees. In its fourth issue, the Hospital District contends that Textac consented to the taking of its property because it acquiesced in the payment of its taxes through the taxing authorities’ withdrawal of a portion of the special commissioners’ award from the registry of the court.

 
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