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CITY OF AUSTIN v. WHITTINGTON

No. 03-07-00729-CV.

379 S.W.3d 278 (2010)

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.

February 18, 2010.

Attorney(s) appearing for the Case

Renea Hicks , Law Office of Max Renea Hicks, Austin, TX, for Appellant.

William Christian , Graves, Dougherty, Hearon & Moody, PC, Austin, TX, for Appellees.

Before Chief Justice JONES, Justices PURYEAR and HENSON.

MEMORANDUM OPINION

DAVID PURYEAR, Justice.

The City of Austin ("the City") condemned a piece of property owned by appellee Harry M. Whittington and members of his family (collectively, "the Whittingtons"). The Whittingtons contested the condemnation, and the City sued to enforce it. A jury found that the condemnation (1) was not "necessary to advance or achieve a public use" and (2) was "arbitrary and capricious, made in bad faith, or fraudulent....

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