Legal Opinion
City of Austin v. Whittington
Court of Appeals of Texas
Decided February 18, 2010No. 03-07-00729-CVPublishedCited by 6 opinions
1Opinion of the Court
MEMORANDUM OPINION
DAVID PURYEAR, Justice.
The City of Austin (“the City”) condemned a piece of property owned by ap-pellee Harry M. Whittington and members of his family (collectively, “the Whitting-tons”). The Whittingtons contested the condemnation, and the City sued to enforce it. A jury found that the condemnation (1) was not “necessary to advance or achieve a public use” and (2) was “arbitrary and capricious, made in bad faith, or fraudulent.” The trial court disregarded the former finding, holding that as a matter of law the condemnation was necessary for a public use. The court…
2Cases cited10 opinions
- City of Keller v. WilsonTexas Supreme Court · 2005
- Cain v. BainTexas Supreme Court · 1986
- Osterberg v. PecaTexas Supreme Court · 2000
- Westgate, Ltd. v. StateTexas Supreme Court · 1992
- Tanner v. Nationwide Mutual Fire Insurance Co.Texas Supreme Court · 2009
5 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- City of Austin v. Harry M. WhittingtonTexas Supreme Court · 2012
- City of Laredo v. MontanoCourt of Appeals of Texas · 2012
- Whittington v. City of AustinCourt of Appeals of Texas · 2015
- Art Tontiplaphol, M.D.; Bongsun "Sunny" Rich; And Methodist Healthcare System of San Antonio, Ltd., L.L.P. D/B/A Methodist Hospital v. Melba Ortiz Urdiales, as Personal Representative of the Estate of Graciela Urdiales, Deceased; Ricardo Urdiales; Ricardo Miguel Urdiales; Melba Ortiz Urdiales; And Gerardo Daniel Urdiales, Texas Court of Appeals, 4th District (San Antonio)2025
- City of Laredo v. Luis Montano, Cecilia Montano Mota, Cruz Jorge Montano, Clarence Hillburn, and Clarence Hillburn as of the Estate of Gloria Montano Hillburn, Texas Court of Appeals, 4th District (San Antonio)2012
1 more not listed; retrieve them via the Exa API.