Malcomson Road Utility District v. Newsom

OPINION ON REHEARING

TIM TAFT, Justice.

Appellant, Malcomson Road Utility District (“the District”), has moved for rehearing. So has appellee, Frank George Newsom. We grant the District’s rehearing motion, deny Newsom’s, withdraw our opinion of June 5, 2003, and substitute this opinion in its stead.

The District appeals from two final judgments that denied its motions for partial *261summary judgment; granted Newsom’s motions for summary judgment; denied the District the right to condemn New-som’s property; awarded Newsom attorney’s fees and possession of and improvements on the property that the…