Bell v. State Department of Highways & Public Transportation

OPINION

COHEN, Justice.

Appellants appeal from the denial of their motion for new trial attacking a summary judgment in favor of the appellees, hereafter “the State,” declaring title to real property to be in the State. We reverse and remand.

The appellants alleged that on January 21, 1991, they possessed real estate located in Galveston County. On that date, the State “unlawfully entered upon and dispossessed the plaintiffs of this real property,” claiming it was a state-owned right-of-way. It is undisputed that in 1894, Albert and Priscilla Phillips, appellants’ predecessors in interest,…