City of Arlington v. Bardin

478 S.W.2d 182, 1972 Tex. App. LEXIS 2629
CourtCourt of Appeals of Texas
DecidedFebruary 11, 1972
Docket17275
StatusPublished
Cited by8 cases

This text of 478 S.W.2d 182 (City of Arlington v. Bardin) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
City of Arlington v. Bardin, 478 S.W.2d 182, 1972 Tex. App. LEXIS 2629 (Tex. Ct. App. 1972).

Opinions

OPINION

LANGDON, Justice.

The appellees, William P. Bardin, et al., filed suit against the appellant, City of Arlington, Texas, for specific performance of a contract to require it to reconvey to them 21.76 acres of land out of a 68.31 acre tract which appellant had previously purchased from appellees. The appellant denied the appellees’ right to specific per[184]*184formance, and in the alternative, filed a cross-action to condemn the 21.76 acres which was described by metes and bounds in the appellant’s cross-action. The trial court required separate trials of appellees’ action and the appellant’s cross-action. Each was tried before a jury.

In the appellees’ action the jury found that on October 10, 1968, the appellant (1) was not operating a municipal airport on the 21.76 acres in question; (2) had abandoned the 21.76 acres as a part of its municipal airport; and (3) had determined that the 21.76 acres in dispute were not needed for the operation of its municipal airport. Based upon the above verdict an interlocutory judgment was entered ordering the appellant to reconvey “ 21.74 acres of land, more or less”, to the appellees and the District Clerk was ordered to pay to appellant the sum of $8,696.00 (representing $400.00 per acre for 21.74 acres) out of funds deposited by appellees.

In the trial of the cross-action the jury found that (1) the taking of the 21.74 acres “. . .is not for a public use”; (2) such taking “. . .is arbitrary or capricious”; and (3) the 21.74 acres of land has a market value of $98,000.00. At this point the trial court sustained the City’s motion to disregard findings (1) and (2) above described. The court then set aside the interlocutory judgment it had previously entered in the appellees’ action and entered judgment vesting fee title to the 21.74 acres of land, more or less” (same metes and bounds description as contained in the interlocutory judgment) in the appellant, City, ordering payment by the appellees of $8,704.00 (representing $400.00 per acre for 21.76 acres) to the appellant and allowing the appellees to recover the sum of $98,000.00 from the City, based upon the jury finding No. 3 above described. The appellant’s motion to disregard the jury’s answers to certain issues on the first trial and motion for judgment non obstante veredicto in connection with appellees’ suit were overruled as was appellant’s amended motion for new trial. The appellant has perfected its appeal based upon eleven points of error and the appellees’ their cross-appeal based upon a single point of error.

We affirm in part and reverse and render in part.

In order to clarify the issues involved on these appeals the matters and events deemed pertinent are set forth in chronological order in the paragraphs next following. All emphasis by underscoring is ours.

July 30, 1960 — William P. Bardin, et al., as sellers, and the City of Arlington, as purchaser, executed a contract whereby the sellers agreed to sell to the purchaser two tracts of land described by metes and bounds and consisting of a total of 68.31 acres. Following the usual recitations the following language appears beginning on page 2 of the contract:

“This conveyance, however, is subject to the following special conditions which shall survive the signing of the deed:

“1.

“. . . If, at any time prior to the expiration of said eight years, said airport, after having been constructed, maintained and operated for some period of time, is abandoned as an airport, the sellers’ preferential right to purchase at $400.00 per acre shall immediately arise and they, their successors or assigns, at their option, shall have the right to such reconveyance for said consideration of $400.00 per acre.

“In this same connection, if, at any time during the said eight year period, the purchaser or its successors or assigns shall determine that all or any part of the land included in this deed is not needed for the operation of a municipal airport, then the sellers shall be entitled, at their option, to a reconveyance of said parts or portions at the price of $400.00 per acre. Each and all of the provisions hereof pertaining to said reconveyance and preferential right to buy at sellers’ option shall be and remain in covenants running with the land binding [185]*185 upon the successors and assigns of the purchaser.

“Whenever any right to repurchase shall arise in the future, and, in the event said right is exercised, the reconveyance shall be by warranty deed free and clear of any liens and incumbrances to which the land is not subject at the time of the original conveyance from sellers to purchaser (easements and rights held by public utilities excepted); and sellers reserve the right to apply all or a part of the repurchase price to the payment or retirement of any such liens or incumbrance.

“When the preferential right to repurchase and right of reconveyance herein referred to shall arise in the future, sellers their successors or assigns shall exercise their option to repurchase within six (6) months after such preferential right arises (The period of eight years begins on July 30, 1960, the date of the contract.)

September 20, 1960 — Resolution No. 1789 was passed authorizing the “MAYOR AND CITY SECRETARY TO EXECUTE ON BEHALF OF THE CITY OF ARLINGTON THAT CERTAIN PURCHASE CONTRACT DATED JULY 30, 1960, IN WHICH THE CITY OF ARLINGTON AGREES TO PURCHASE CERTAIN PROPERTY IN THE W. D. LACY SURVEY, TARRANT COUNTY, TEXAS, FROM W. P. BARDIN, ET AL.

“BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ARLINGTON, TEXAS:

“. . . the original copy of said contract being attached hereto and made a part hereof for all intents and purposes, be, and they are hereby in all things accepted and approved and the Mayor of the City of Arlington is hereby authorised to execute said purchase contract for and on behalf of the City of Arlington and the City Secretary is authorized and directed to attest to same and place the corporate seal there-

October 10, 1960 — William P. Bardin, et al., executed a deed conveying the two tracts of land, consisting of 68.31 acres described in the July 30, 1960, contract of sale, to the City of Arlington, for and in consideration of the sum of $27,324.00, pursuant to the terms of said contract of sale.

It is undisputed that thereafter the airport was constructed, maintained and operated for some period of time on the land above described together with other land acquired for such purpose by the appellant.

March 21, 1967 — Resolution No. 2838 was passed by the City of Arlington authorizing the Mayor and City Secretary to execute an agreement for the lease of 53.98 acres at the Arlington Municipal Airport to Bell Helicopter Company. The Resolution contained, among other recitations, the following:

“WHEREAS, the City Council of the City of Arlington owns and operates an airport facility known as the Arlington Municipal Airport; and,

“WHEREAS, there is described on the Master Plan of development of said airport a 53.98 acre ‘industrial site’; and,

“WHEREAS, said City Council has determined and does hereby find that by reason of the location, configuration and other material considerations regarding said site, the same is not essential to the aviation needs of said airport; and further, has made application to the Federal Aviation Agency for a concurrence in such finding; and,

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Texas Alcoholic Beverage Commission v. Sfair
786 S.W.2d 26 (Court of Appeals of Texas, 1990)
Trevino v. Gonzalez
749 S.W.2d 221 (Court of Appeals of Texas, 1988)
Pampell v. Pampell
554 S.W.2d 20 (Court of Appeals of Texas, 1977)
Glasscock v. Citizens National Bank
553 S.W.2d 411 (Court of Appeals of Texas, 1977)
Adamson v. Blackmar
546 S.W.2d 698 (Court of Appeals of Texas, 1977)
Bledsoe v. Beard
516 S.W.2d 207 (Court of Appeals of Texas, 1974)
City of Arlington v. Bardin
478 S.W.2d 182 (Court of Appeals of Texas, 1972)

Cite This Page — Counsel Stack

Bluebook (online)
478 S.W.2d 182, 1972 Tex. App. LEXIS 2629, Counsel Stack Legal Research, https://law.counselstack.com/opinion/city-of-arlington-v-bardin-texapp-1972.