Jim Bailey v. TECO Pipeline Company
Jim Bailey v. TECO Pipeline Company
Opinion
Opinion by: Alma L. López, Justice
Sitting: Phil Hardberger, Chief Justice
Tom Rickhoff, Justice
Alma L. López, Justice
Delivered and Filed: November 10, 1999
AFFIRMED
This is an appeal of a district court judgment in an eminent domain proceeding, wherein the trial court granted Teco Pipeline Company an easement for a natural gas pipeline across the property of Jim Bailey and awarded him $6,000.00 for the taking. In this appeal, Bailey asserts error in the trial court's determination that Teco is a corporation described in Article 1435 of the revised civil statutes, and that Teco's pipeline is for a public purpose and public necessity. These points, comprising issues one through six seek to show error in the trial court's decisions to grant Teco's Motion for Partial Summary Judgment and deny Bailey's motion for Dismissal of Condemnation Proceeding. The opinion of this court in a similar case, which became final on October 7, 1999, is determinative of these issues in appellee's favor. See Anderson v. Teco Pipeline Company, 985 S.W.2d 559 (Tex. App.-San Antonio 1998, pet. denied). Accordingly, issues one through six are overruled. Likewise, issues seven and eight assert that the trial court erred in entry of its amended final judgment because it does not conform to the pleadings, it contains hearsay, and purports to grant perpetual relief to Teco. Again, these issues have been thoroughly raised and discussed in our opinion in Anderson, and we find that the principles discussed in that opinion control here as well. See id. Accordingly, issues seven and eight are overruled. The judgment of the trial court is affirmed.
Alma L. López, Justice
Do Not Publish
Case-law data current through December 31, 2025. Source: CourtListener bulk data.