Westmoreland v. Beaumont Independent School District

Having found error in the proceedings below; and, after making a “judgment call” from a review of the entire record, the majority finds that there is no reversible error. Ordinarily, I would concur; or, at least, suppress my inclination to dissent. A careful review of the record in this case does not permit even this small luxury. Counsel for the landowner alerted the Court and opposing counsel to the two specific “non-comparables” in his motion in limine but the motion was overruled in the teeth of State v. Chavers, 454 S.W.2d 395 (Tex.1970).

Condemnor’s attorney, thoroughly familiar with the…