Malcomson Road Utility District v. Newsom

I agree with the majority that Hubenak II requires us to apply the summary judgment standard of review to the trial court’s rulings on each of the statutory requirements for condemnation, including the unable-to-agree requirement. Applying this standard, I agree with the majority that the District conclusively proved that the parties were unable to agree on damages before the filing of suit. I also agree that the District carried its constitutional burden of proving that the taking was for a public use. See Tex. WateR Code Ann. § 54.201(a), (b)(3) (Vernon Supp.2004-2005) (delegating to…