Court of Civil Appeals of Texas, 1970

West Texas Utilities Co. v. Alexander

West Texas Utilities Co. v. Alexander
Court of Civil Appeals of Texas · Decided July 24, 1970 · Walter
458 S.W.2d 502; 1970 Tex. App. LEXIS 2142 (South Western Reporter, Second Series)

West Texas Utilities Co. v. Alexander

Opinion of the Court

WALTER, Justice.

West Texas Utilities Company has appealed from a temporary injunction, enjoining it from taking possession of property which it had condemned under its right of eminent domain. The land belonged to Ruth Guitar Alexander and was condemned by the Company for use in connection with a power plant to be constructed on Lake Fort Phantom Hill in Jones County.

We hold the court erred in granting the temporary injunction because the Company had complied with the eminent domain statutes and Article 3268 authorized it to take possession of the land. We find no evidence that the Company acted fraudulently, arbitrarily or capriciously in determining the necessity of condemning the property. We are also of the opinion that the appel-lee has an adequate remedy at law.

The judgment is reversed and the temporary injunction is dissolved.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.