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SAUNDERS v. TITUS COUNTY

No. 6-91-111-CV.

847 S.W.2d 424 (1993)

Esther SAUNDERS, Appellant, v. TITUS COUNTY FRESH WATER SUPPLY DISTRICT NO. 1, Appellee.

Court of Appeals of Texas, Texarkana.

Rehearing Denied February 9, 1993.

Attorney(s) appearing for the Case

William H. McCoy, Daingerfield, Wayne Floyd, Mount Pleasant, for appellant.

Lutcher B. Simmons, Austin, Kerry Wootten, Russell, Russell, Wootten, Mt. Pleasant, for appellee.

Before CORNELIUS, C.J., and BLEIL and GRANT, JJ.

OPINION

GRANT, Justice.

Esther Saunders appeals from a judgment in which Titus County Fresh Water Supply District No. 1 was allowed to condemn a strip of her property for a roadway.

Saunders' main contention is that the trial court erred in upholding the condemnation because the Water District lacked the power of eminent domain necessary to condemn the property. Specifically, she contends that the trial court erred (1) in overruling her plea to the...

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