CITY OF ABILENE v. BURK ROYALTY COMPANY

No. 4388.

460 S.W.2d 220 (1970)

CITY OF ABILENE, Appellant, v. BURK ROYALTY COMPANY, Appellee.

Court of Civil Appeals of Texas, Eastland.

Rehearing Denied December 4, 1970.


Attorney(s) appearing for the Case

Ben Niedecken, Jr., City Atty., Abilene, Don Butler, City Atty., Austin, for appellant.

Frank L. Jennings, Jennings, Montgomery & Dies, Graham, for appellee.


GRISSOM, Chief Justice.

Burk Royalty Company sued the City of Abilene for damages caused by the taking or the permanent damage of its interest in a waterflood unit on or about August 7, 1968. Burk relied upon the provision in Article 1, Section 17, of the Constitution of Texas, Vernon's Ann.St. that: "No person's property shall be taken, damaged or destroyed for or applied to public use without adequate compensation * * *." Burk alleged the taking or permanent damaging...

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