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CITY OF AUSTIN v. WHITTINGTON

No. 03-05-00232-CV.

385 S.W.3d 28 (2007)

CITY OF AUSTIN, Appellant v. Harry M. WHITTINGTON; Mercedes B. Whittington; Mercedes Gregg f/k/a Mercedes Whittington, Individually and as Trustee of the Margaret Lynn Puckett 1989 Trust, the Sara Whittington May 1989 Trust, the Caroline Elizabeth Puckett 1989 Trust, the Michael Erskine May 1989 Trust, the Camille Meriwether May 1989 Trust, and the William Tyndale Puckett, Jr. 1989 Trust; Sally Whittington May, Individually and as Trustee of the Margaret Lynn Puckett 1989 Trust, the Sara Whittington May 1989 Trust, the Caroline Elizabeth Puckett 1989 Trust, the Michael Erskine May 1989 Trust, the Camille Meriwether May 1989 Trust, and the William Tyndale Puckett, Jr. 1989 Trust; and Margaret Whittington Puckett, Individually and as Trustee of the Margaret Lynn Puckett 1989 Trust, the Sara Whittington May 1989 Trust, the Caroline Elizabeth Puckett 1989 Trust, the Michael Erskine May 1989 Trust, the Camille Meriwether May 1989 Trust, and the William Tyndale Puckett, Jr. 1989 Trust, Appellees.

Court of Appeals of Texas, Austin.

April 26, 2007.

Attorney(s) appearing for the Case

Max Renea Hicks , Law office of Max Renea Hicks, The Honorable David Allan Smith , City Atty., Austin, for Appellant.

William Christian , Robert J. Hearon Jr. , John J. McKetta III , Graves, Dougherty, Hearon & Moody, PC, Austin, for Appellee.

Before Chief Justice LAW, Justices PURYEAR and HENSON.

MEMORANDUM OPINION

DAVID PURYEAR, Justice.

In this case, we are being asked to address a district court's declaratory judgment interpreting the judgment of a county court that has been reversed and remanded for completion of trial. The City of Austin (the "City") attempted to condemn property owned by Harry Whittington and the other individuals listed in the style of this case (the "Whittingtons"). A condemnation proceeding was conducted in a county...

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