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APPEAL FROM THE COUNTY COURT AT LAW CHEROKEE COUNTY, TEXAS

The State of Texas (“State”) appeals from a condemnation proceeding in which Donald L. Dick and Barbara Jo Dick (“the Dicks”) were awarded $90,000.00 for the State’s taking of the parking spaces for their used car lot, for damages to the remainder of their used car lot, and lost profits. In three issues, the State contends that lost profits were improperly considered by the jury, that a venireman should have been excused for cause as a matter of law, and that pre-judgment interest was improperly calculated. We reverse and remand for a new trial with instructions.

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