City of Corpus Christi v. Krause

OPINION

NYE, Chief Justice.

This is a pipeline easement case. Ralph E. Krause, a landowner, filed suit against the City of Corpus Christi (City) seeking to have the proposed plat of his property approved without the necessity of granting to the City a thirty-foot right-of-way easement, a condition precedent imposed by the City for approval of the plat. The City sought affirmative relief (by way of counterclaim) on the basis that it had acquired an easement by prescription across the property. After a nonjury trial, the court entered a judgment which ordered the City to remove its high pressure…