State v. Dawmar Partners, Ltd.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that landowner cannot recover for loss of access by framing it as a change in the “highest and best use”
• concluding that the challenged experts’ testimony “was cumulative of substantially similar [testimony] from another expert”
• explaining that because the complained of testimony was cumulative of substantially similar evidence that was not challenged on appeal, any error in admitting the testimony was harmless
• noting injury landowners in Dawmar identified was loss of value resulting exclusively from denial of direct access to FM 1695 and its frontage roads
• where jury questions segregate between compensable and noncompensable damages, a new trial is not necessary to remedy the erroneous award of severance damage
• “We have implicitly rejected the proposition that the degree of impairment of access must be evaluated in light of a property’s highest and best use”

Source: CourtListener parenthetical corpus (CC0).

Cited by

38 cases in this archive cite this case; the 20 most cited are listed.

• in the Interest of M.H., S.H., and G.H., Children
  Tex. App. Ct., 10th Dist. (Waco)· 2010-05-05· cited 45×
• Smith v. City of League City
  Tex. App. Ct., 14th Dist. (Houston)· 2011-05-19· cited 43×
• Dallas County v. Crestview Corners Car Wash
  Court of Appeals of Texas· 2012-02-16· cited 39×
• State v. Bristol Hotel Asset Co.
  Texas Supreme Court· 2009-05-15· cited 31×
• State v. Petropoulos
  Texas Supreme Court· 2011-06-10· cited 23×
• State Ex Rel. Department of Transportation v. Miller
  South Dakota Supreme Court· 2016-12-07· cited 14×
• Millwee-Jackson Joint Venture v. Dallas Area Rapid Transit
  Tex. App. Ct., 5th Dist. (Dallas)· 2011-10-31· cited 13×
• in the Interest of C.C., M.C., L.O., and H.P., Children
  Tex. App. Ct., 7th Dist. (Amarillo)· 2015-09-01· cited 10×
• Stephen Morale D/B/A Action Collision Repair and Kimberly Morale v. State
  Texas Supreme Court· 2018-06-22· cited 10×
• Schliem v. State Ex Rel. Department of Transportation
  South Dakota Supreme Court· 2016-12-07· cited 9×
• State, Texas Department of Transportation v. Allodial Ltd. Partnership
  Tex. App. Ct., 5th Dist. (Dallas)· 2009-03-31· cited 8×
• State v. Rodger A. Johnson
  Tex. App. Ct., 5th Dist. (Dallas)· 2014-08-06· cited 4×
• Dep't of Transportation v. Gustafson
  South Dakota Supreme Court· 2026-02-18· cited 1×
• In Re Mh
  Tex. App. Ct., 10th Dist. (Waco)· 2010-05-05
• Darrell Church v. City of Alvin, Texas
  Tex. App. Ct., 1st Dist. (Houston)· 2015-06-29
• Elisha Mason v. Texas Department of Family and Protective Services
  Tex. App. Ct., 3rd Dist. (Austin)· 2012-05-17
• City of Houston v. Young Song and Ginger Song D/B/A WheelBurger, Gene Nazlankin D/B/A Silber Road Auto and World Catering, Inc.
  Tex. App. Ct., 14th Dist. (Houston)· 2013-01-24
• Paul Smith v. City of League City, Texas
  Tex. App. Ct., 14th Dist. (Houston)· 2011-03-17
• Darrell Church v. City of Alvin, Texas
  Tex. App. Ct., 1st Dist. (Houston)· 2015-09-29
• Unnamed case
  Tex. App. Ct., 2nd Dist. (Fort Worth)· 2013-01-24

Cites

14 cases in this archive are cited by this case.

• Olson v. United States
  Supreme Court· 1934-04-30· cited 907×
• Gee v. Liberty Mutual Fire Insurance Co.
  Texas Supreme Court· 1989-02-15· cited 735×
• Interstate Northborough Partnership v. State
  Texas Supreme Court· 2001-10-25· cited 455×
• State v. Heal
  Texas Supreme Court· 1996-01-18· cited 334×
• State v. Wood Oil Distributing, Inc.
  Texas Supreme Court· 1988-06-15· cited 290×
• State v. Schmidt
  Texas Supreme Court· 1994-02-02· cited 139×
• City of Waco v. Texland Corporation
  Texas Supreme Court· 1969-07-30· cited 94×
• County of Bexar v. Santikos
  Texas Supreme Court· 2004-08-27· cited 60×
• Archenhold Automobile Supply Co. v. City of Waco
  Texas Supreme Court· 1965-10-13· cited 57×
• City of San Antonio v. TPLP Office Park Properties
  Texas Supreme Court· 2007-02-09· cited 55×
• Felts v. Harris County
  Texas Supreme Court· 1996-03-07· cited 55×
• State v. Delany
  Texas Supreme Court· 2006-04-28· cited 22×
• State v. Allen
  Texas Supreme Court· 1994-03-09· cited 6×
• City of Houston v. Fox
  Texas Supreme Court· 1967-10-18· cited 5×

Other cases named State v. Dawmar Partners, Ltd.

1 other CourtListener record shares this case name.

• State v. DAWMAR PARTNERS, LTD.
  Tex. App. Ct., 10th Dist. (Waco)· 2007-05-30