City of Austin v. Flink

GREENHILL, Justice.

The application for writ of error in this condemnation case was granted to review the holding of the Court of Civil Appeals, 443 S.W.2d 397, which extended an exception to the hearsay rule announced in our Oakley decision discussed below. Because of this erroneous extension of the Oakley rule, this cause is reversed and is remanded to the trial court for a new trial.

The particular condemnation arose out of the acquisition by the City of Austin of property belonging to the Flinks for its Decker Lake project. The parties stipulate that the only matter to be determined in the…