State of Texas v. City of Austin and Missouri Pacific Railroad Company

State v. MoPac

IN THE COURT OF APPEALS, THIRD DISTRICT OF TEXAS,

AT AUSTIN

NO. 3-92-466-CV

STATE OF TEXAS,

APPELLANT

vs.

CITY OF AUSTIN AND MISSOURI AND PACIFIC RAILROAD COMPANY,

APPELLEES

FROM THE DISTRICT COURT OF TRAVIS COUNTY, 201ST JUDICIAL DISTRICT

NO. 477,213, HONORABLE PETE LOWRY, JUDGE PRESIDING

The State of Texas ("State") appeals the district court's rendition of a partial summary judgment and final judgment in favor of Appellees, City of Austin ("City") and Missouri Pacific Railroad Company ("Mopac"). The State sought declaratory relief that a "public use" clause in a patent deed from the…