EXXON PIPELINE CO. v. ZWAHR

No. 01-99-00283-CV.

35 S.W.3d 705 (2000)

EXXON PIPELINE COMPANY, Appellant, v. Daniel R. ZWAHR, Sandra K. Zwahr, and Union State Bank, East Bernard, Appellees.

Court of Appeals of Texas, Houston (1st Dist.).

Rehearing Overruled January 30, 2001.


Attorney(s) appearing for the Case

Joy M. Soloway, Houston, for Appellant.

Richard L. McElya, William D. Noel, Angleton, for Appellee.

Panel consists of Justices COHEN, TAFT, and SMITH.


OPINION

JACKSON B. SMITH, Jr., Justice, Assigned.

This is a condemnation case. Exxon Pipeline Company (Exxon) appeals from a judgment that awarded $40,000 to appellees, Daniel and Sandra Zwahr (Zwahrs), representing the fair market value of a 1.01-acre pipeline easement taken by Exxon and the right to assign the easement. The Zwahrs' suit challenged the decision of the special commissioners, appointed by the trial court, which awarded the Zwahrs

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