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DESTEC v. FREESTONE CENT. APPRAISAL DIST.

No. 10-98-033-CV.

6 S.W.3d 601 (1999)

DESTEC PROPERTIES LIMITED PARTNERSHIP, Appellant, v. FREESTONE CENTRAL APPRAISAL DISTRICT, et al., Appellees.

Court of Appeals of Texas, Waco.

Rehearing Overruled November 24, 1999.

Attorney(s) appearing for the Case

Popp & Ikard LLP, William Ikard, William W. Kilgarlin, Julie D. Ashton, Austin, for appellant.

Linebarger Heard Goggan Blair Graham Pena, Russell R. Graham, James R. Evans, Jr., Austin, Baker & Botts, L.L.P., Macey Reasoner Stokes, Michael L. Calhoon, Houston, McGinnis, Lochridge & Kilgore, L.L.P., C. Morris Davis, John R. Breihan, Patricia D. Pope, Austin, for appellees.

Before Chief Justice DAVIS, Justice VANCE, and Justice CUMMINGS(Retired).

OPINION

VANCE, Justice.

This ad valorem tax appeal presents two issues: whether the trial judge followed the "law of the case," and whether the tax code allows an overriding royalty interest to be valued as an "income stream."

Four parties make up the list of players:

•Destec Properties, L.P. (Destec), the appellant, owner of an overriding royalty interest in certain acreage in Freestone County;

•the Freestone County...

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