Terrace v. City of Texarkana

Tanglewood Terrace, Ltd. (TTL), builder and owner of the Tanglewood Terrace apartment complex, sued the City of Texarkana, Texas d/b/a Texarkana Water Utilities (TWU) for $54,211.30 in alleged overcharges for the period covering 1976 to 1993. TTL appeals from a judgment awarding it $1,939.50 and contends the district court erred in: (1) granting TWUs motion for partial summary judgment; (2) prohibiting TTL from admitting evidence of all overcharges from 1976 to 1993; (3) prohibiting TTL from admitting evidence of the amount of interest lost as a result of the overcharges; and (4) granting TWUs motion to disregard jury finding or for judgment notwithstanding the verdict. We sustain TTLs first and second points, reverse the judgment, and remand for a new trial on TTLs money had and received cause of action. In the interest of Justice, we will address TTLs third point of error, but find it unnecessary to consider its fourth point.