CITY OF SAN ANTONIO v. TREASE

No. 12364.

243 S.W.2d 187 (1951)

CITY OF SAN ANTONIO et al. v. TREASE.

Court of Civil Appeals of Texas, San Antonio.

Rehearing Denied October 31, 1951.


Attorney(s) appearing for the Case

Jack Davis, C. J. Matthews, Brewer, Matthews, Nowlin & Macfarlane, and W. L. Matthews, all of San Antonio, for appellants.

L. M. Bickett, Louie Arnett, San Antonio, for appellee.


NORVELL, Justice.

The court below granted a temporary injunction at the instance of appellee, Peter Trease, upon the recited basis that "the City of San Antonio is without authority to condemn the property of plaintiff (appellee) for the purposes of flood control." Rule 683, Texas Rules of Civil Procedure.

By proceedings instituted in the County Court, the City sought to condemn certain tracts of land owned by appellee and lying along the banks of the San...

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