Malcomson Road Utility District v. Frank George Newsom

Opinion issued May 20, 2005

In The

Court of Appeals

For The

First District of Texas

NO. 01-00-01163-CV

NO. 01-00-01169-CV

MALCOMSON ROAD UTILITY DISTRICT, Appellant

V

FRANK GEORGE NEWSOM, Appellee

On Appeal from the County Civil Court At Law No. 3

Harris County, Texas

Trial Court Cause Nos. 691,631 & 691,632

DISSENTING OPINION ON REHEARING

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…