SABINE RIVER AUTHORITY OF TEXAS v. Willis

ON MOTION FOR REHEARING

Respondents’ motion for rehearing indicates that the penultimate paragraph of our original opinion may not be entirely clear.

The condemnation petition was filed with the County Judge prior to the trial of this case, but it does not appear that any further action had been taken in that proceeding. In their brief in the Court of Civil Appeals, 363 S.W.2d 172, respondents insisted that it was impossible under these circumstances for the trial court to say that the land will still be used for the care and maintenance of orphan children on the date of condemnation. As we…