Legal Opinion

McKinney Independent School District v. Carlisle Grace, Ltd.

Texas Court of Appeals, 5th District (Dallas)

Decided June 26, 2002No. 05-00-01044-CVPublishedCited by 4 opinions

1Opinion of the Court

OPINION

Opinion by Justice MORRIS.

This is a condemnation case. We address the jurisdictional issue of whether the trial court erred in concluding McKinney Independent School District faded to meet the “unable to agree” prerequisite of section 21.012 of the Texas Property Code before filing its condemnation action to acquire property owned by Carlisle Grace, Ltd. 1 Because we conclude MISD conclusively established it made a bona fide attempt to agree with appellees before bringing suit, we reverse the trial court’s dismissal for want of jurisdiction and remand the cause for further proceedings.

I

2Cases cited6 opinions

  1. Bowman v. Lumberton Independent School DistrictTexas Supreme Court · 1990
  2. Dean v. Lafayette Place (Section One) Council of Co-Owners, Inc., Texas Court of Appeals, 1st District (Houston)1999
  3. Hubenak v. San Jacinto Gas Transmission Co., Texas Court of Appeals, 1st District (Houston)2002
  4. State v. DowdTexas Supreme Court · 1993
  5. State v. Schmidt, Texas Court of Appeals, 3rd District (Austin)1995

1 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Hubenak v. San Jacinto Gas Transmission Co.Texas Supreme Court · 2004
  2. City of Bristol v. Ocean State Job Lot Stores of Connecticut, Inc.Supreme Court of Connecticut · 2007
  3. Hubenak v. San Jacinto Gas Transmission Co.Texas Supreme Court · 2004
  4. Monroe v. Corpus Christi Independent School DistrictDistrict Court, S.D. Texas · 2006

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