Gleghorn v. City of Wichita Falls

PER CURIAM ON MOTION FOR REHEARING OF APPLICATION FOR WRIT OF ERROR

Our Per Curiam opinion of July 7,1976, is withdrawn and the following is substituted therefor.

This is a condemnation suit. The City of Wichita Falls and the Wichita County Water Improvement District No. 2, Con-demnors, sought to enlarge an existing flowage easement over a portion of Wilmer Gleghorn’s land above the Lake Kemp reservoir and dam. In the trial court, Gleg-horn recovered a judgment for $200,000, and the Condemnors appealed.

The Court of Civil Appeals reversed and remanded on two grounds. 531 S.W.2d 879. We agree…