Harris County v. Harry B. Gordon

This is a condemnation proceeding in which the Gordons sought a temporary injunction. The trial court denied the injunction, but the Court of Civil Appeals reversed. It held that Harris County did not have the authority to condemn "land," as opposed to an easement, for drainage purposes. That court rendered a judgment which enjoined the County from entering the Gordons property. 603 S.W.2d 294. The question is whether the Court of Civil Appeals abused its discretion in granting the temporary injunction. We hold that it did. We reverse the judgment of the Court of Civil Appeals and remand the cause to the trial court for further proceedings.