LINGLEVILLE INDEPENDENT SCHOOL DIST. v. VALERO TRANS. CO.

No. 11-88-180-CV.

763 S.W.2d 616 (1989)

LINGLEVILLE INDEPENDENT SCHOOL DISTRICT, et al., Appellants, v. VALERO TRANSMISSION COMPANY, Appellee.

Court of Appeals of Texas, Eastland.

Rehearing Denied February 2, 1989.


Attorney(s) appearing for the Case

Kent M. Rider, Susan D. Desmarais, Joseph, Rider & Cameron, P.C., Austin, for appellants.

William Ikard, Powell, Popp & Ikard, Austin, for appellee.


OPINION

McCLOUD, Chief Justice.

The issue is whether a 36-inch-diameter gas transmission pipeline which is buried below "normal plow depth" is personal or real property for ad valorem tax purposes.

The trial court found that the pipeline was personal property and that, since the taxing units had failed to bring their suit within four years, the claim for taxes was barred. The taxing units, Lingleville Independent School District and Bluff Dale Independent...

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