MidTexas Pipeline Co. v. Cusack

MEMORANDUM OPINION

Opinion by Justice YÁÑEZ.

This appeal arises out of an attempt on the part of appellant, MidTexas Pipeline Company, to condemn property owned by appellee, Michael F. Cusack. The trial court dismissed the case for want of jurisdiction. We reverse and remand.

After attempting to purchase an easement from Cusack, MidTexas filed a petition for condemnation. Initially, the trial court granted a partial summary judgment for MidTexas, holding that: (1) MidTexas is a corporation with the power of eminent domain which has complied with all statutory prerequisites to filing the…