City of Austin v. Whittington

385 S.W.3d 28, 2007 WL 1237959, 2007 Tex. App. LEXIS 3315
CourtCourt of Appeals of Texas
DecidedApril 26, 2007
DocketNo. 03-05-00232-CV
StatusPublished
Cited by13 cases

This text of 385 S.W.3d 28 (City of Austin v. Whittington) 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 Austin v. Whittington, 385 S.W.3d 28, 2007 WL 1237959, 2007 Tex. App. LEXIS 3315 (Tex. Ct. App. 2007).

Opinion

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 Whitting-ton and the other individuals listed in the style of this case (the “Whittingtons”). A condemnation proceeding was conducted in a county court at law, and the City obtained title to the property listed in its resolution. That judgment was later reversed on appeal. Prior to the reversal of the judgment, the Whittingtons filed a declaratory judgment action in district court and obtained declarations regarding the effect of the county court’s judgment. However, because the county court’s judgment was not final when the declaratory judgment action was filed, the declaratory judgment action was not ripe. Accordingly, we vacate the district court’s judgment and dismiss the appeal due to a lack of ripeness.

BACKGROUND

Harry Whittington obtained title to a city block in downtown Austin in 1981 and later conveyed the property to various trusts benefitting his family. The property consists of eight lots: four on the north side of the property and four on the south side. The lots are separated by a twenty-foot wide strip running down the middle of the block.

In 2001, the City initiated efforts to obtain the property. As part of this effort, the Austin City Council passed a resolution stating that the Whittingtons’ proper[31]*31ty “Lots 1-8, inclusive, Block 38 ... in the City of Austin ... should be acquired for public use.” Because the Whittingtons contested the condemnation, the matter was transferred to a county court for trial. See Tex. Prop. Code Ann. §§ 21.001 (“District courts and county courts at law have concurrent jurisdiction in eminent domain cases.”), .012 (condemning entity may begin condemnation proceeding by filing petition in proper court) (West 2004). In county court, the City filed a motion for partial summary judgment contending that it had proved, as a matter of law, all the elements necessary to condemn the property. Two of the elements that must be proved are that the condemnation is for a public use and that the condemnation is necessary to achieve the public use. See Whittington v. City of Austin, 174 S.W.3d 889, 896 (Tex.App.-Austin 2005, pet. denied); see also Tex. Const, art. I, § 17 (“No person’s property shall be taken, damaged or destroyed for or applied to public use without adequate compensation being made ....”) (emphasis added).

The county court granted the motion for partial summary judgment, and a trial was conducted regarding the amount of compensation. During the trial, the Whitting-tons argued that the City’s description of the property to be condemned did not include the twenty-foot strip in the middle of the block and insisted that the City would have to address that issue if it also wanted to obtain title to the strip. Ultimately, the jury awarded the Whittingtons $7,750,000 as compensation for the condemnation.1 The final judgment specified that the City obtained title to the property described in its condemnation petition. However, the county court, recognizing its lack of authority to decide matters regarding title, stated in its judgment that it made no determination regarding whether the City’s description included the “twenty-foot strip of land separating Lots 1-4 and Lots 5-8.” See Tex. Prop. Code Ann. § 21.002 (West 2004) (county court may not decide issues of title).

The Whittingtons appealed, arguing that the county court’s summary judgment was improper because the City had no authority to condemn the property. Specifically, they asserted that the City did not conclusively establish as a matter of law that the condemnation was necessary or that the condemnation was for a valid public purpose. This Court agreed and reversed and remanded the case back to the county court for a trial on the merits regarding whether the City had the authority to condemn the Whittingtons’ property. Whittington, 174 S.W.3d at 900-01, 904, 906. The trial on remand has yet to occur.

Shortly before appealing the county court’s judgment, the Whittingtons filed a declaratory judgment action in district court. See Tex. Civ. Prac. & Rem. Code Ann. §§ 37.001-.011 (West 1997 & Supp. 2006) (declaratory judgment actions). The Whittingtons, pleading their case as if the county court judgment was a final judgment, asked the district court to interpret the county court’s judgment and determine whether the City obtained title to the twenty-foot strip as a result of the judgment. In their petition, the Whittingtons asserted that as a result of the condemnation proceeding:

the City obtained fee simple title to Lots 1-8, inclusive, Block 38, of the Original City of Austin. The City did not seek or obtain title to the 20-foot strip separating Lots 1-4 from Lots 5-8.... The Whittingtons thus continue to own in fee [32]*32simple the 20-foot strip of land through the center of Block 38-A controversy thus exists between the City and the Whittingtons requiring judicial resolution.

The Whittingtons requested the following declarations in their petition:

18. Pursuant to Chapter 37 of the Texas Civil Practice and Remedies Code, the Whittingtons respectfully request judgment declaring, under the deed attached as Exhibit A and the 1929 Act, that the Whittingtons are the owners in fee simple of the 20-foot strip of land running across the center of Block 38 of the Original City of Austin, as depicted on the plat on file with the General Land Office.
19. In the alternative, the Whittingtons respectfully request judgment declaring that the-City of Austin has abandoned, or is estopped from asserting, any right and title to the 20-foot strip of land running across the center of Block 38 of the Original City of Austin, as depicted on the plat on file with the General Land Office, and that the Whittingtons are therefore the owners in fee simple of said land under the deed attached as Exhibit A.
20. In the further alternative, the Whittingtons respectfully judgment [sic] declaring, under the deed attached as Exhibit A, that the Whittingtons are the owners in fee simple of the 20-foot strip of land running across the center of Block 38 of the Original City of Austin, as depicted on the plat on file with the General Land Office, because their predecessors in title acquired title by limitations through possession, use, and enjoyment of the 20-foot strip for a period of ten years prior to 1939 that was exclusive and adverse to any claim by the City to the 20-foot strip.

In response, the City filed an answer arguing that the Whittingtons’ declaratory judgment action was not ripe for adjudication because the Whittingtons were appealing the county court’s condemnation judgment and that “the disposition of the condemnation proceeding on appeal shall, in all likelihood, render this cause of action moot.” The City also filed a counterclaim asking the court to declare, among other things, that it obtained title to the entire block in the condemnation proceeding.

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Bluebook (online)
385 S.W.3d 28, 2007 WL 1237959, 2007 Tex. App. LEXIS 3315, Counsel Stack Legal Research, https://law.counselstack.com/opinion/city-of-austin-v-whittington-texapp-2007.