CITY OF ABILENE v. BURK ROYALTY COMPANY

No. B-2507.

470 S.W.2d 643 (1971)

CITY OF ABILENE, Petitioner, v. BURK ROYALTY COMPANY, Respondent.

Supreme Court of Texas.

July 28, 1971.


Attorney(s) appearing for the Case

Whitten & Butler, Don R. Butler and Ben Niedecken, Jr., Abilene, for petitioner.

Jennings, Montgomery & Dies, Frank Jennings, Graham, for respondent.


STEAKLEY, Justice.

Burk Royalty Company brought this inverse condemnation proceeding against the City of Abilene. It alleged a taking or permanent damaging by the City of Burk's interests in the Chapman Waterflood Unit in connection with improvements in the airport runway facilities of the City. The City filed a condemnation cross-action for a clearance easement required for actual airport operations, conditioned upon a determination that there had been a taking or...

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