Kathleen Miller, Travis Richardson and Ronnie Richardson v. City of Mount Belvieu, Texas

• Court: Texas Court of Appeals, 1st District (Houston)
• Decided: June 23, 2026
• Docket: 01-25-00235-CV
• Status: Published

Opinion

Opinion issued June 23, 2026

In The

Court of Appeals For The

First District of Texas ———————————— NO. 01-25-00235-CV ——————————— KATHLEEN MILLER, TRAVIS RICHARDSON, AND RONNIE RICHARDSON, Appellants V. CITY OF MONT BELVIEU, Appellee

On Appeal from the 344th District Court Chambers County, Texas Trial Court Case No. 21DCV0619

MEMORANDUM OPINION

To expand its municipal golf course, the City of Mont Belvieu initiated a

condemnation suit over a certain tract of real property owned by three siblings in

equal, undivided interests (“property owners”). After the special commissioners

assessed damages due to the property owners, the property owners filed a plea to the jurisdiction based on the failure to serve notice of the special commissioners’ hearing

on one of the owners. The trial court denied the property owners’ plea to the

jurisdiction.

In two issues, the property owners contend the special commissioners’ award

condemning their undivided property interests was void due to lack of jurisdiction

for failing to serve notice on one of them. But we do not have jurisdiction over this

interlocutory appeal under Texas Civil Practice and Remedies Code section

51.014(a)(8) because the plea to the jurisdiction was filed by the property owners,

not a governmental unit. See TEX. CIV. PRAC. & REM. CODE § 51.014(a)(8).

After asking the parties to address whether we have jurisdiction over this

appeal, the property owners requested that we construe their brief as a petition for

writ of mandamus. We decline to do so. Thus, we dismiss this appeal for want of

Clint Morgan Justice

Panel consists of Justices Gunn, Caughey, and Morgan.