Roberson v. City of Austin

OPINION

BOB PEMBERTON, Justice.

This case involves a dispute between Kenneth A. Roberson, the City of Austin, and Jester Development Corporation regarding an unrecorded sanitary sewer easement. We decide whether Roberson’s suit under the Uniform Declaratory Judgment Act (“UDJA”) 1 was a proper means of determining the validity of the easement. We also decide whether the trial court abused its discretion in including “proximate cause” and “new and independent cause” definitions and instructions in takings-claim jury questions regarding remainder damages and whether the trial court properly…