Rotello v. Brazos County Water Control & Improvement District No. 1

COLEMAN, Chief Justice.

This is an appeal from an order denying an application for a temporary injunction. The appellants, hereinafter referred to as the Rotellos, sought an order enjoining ap-pellee, hereinafter referred to as the Water District, from proceeding under the authority of Article 3268, R.S.1925, to enter upon and take possession of certain land owned by the Rotellos and from excavating and clearing trees and vegetation or making any other use of said land pending final judgment in the condemnation suit.

In November, 1977, the Water District filed a petition for condemnation…