Pinnacle Gas Treating, Inc. v. Read

We deny Raymond Michael Read and Mark William Read's motion for rehearing. We withdraw our opinion of March 6, 2003, and substitute the following in its place. In this condemnation case, Pinnacle Gas Treating, Inc. sought to obtain a permanent utility easement and a temporary construction easement on property owned by Raymond and Mark Read and mortgaged to Thomas Fetzer II (collectively ""the Reads""). Pinnacle obtained a writ of possession for the easements and constructed a pipeline. About two years later, the trial court granted the Reads' motion to dismiss the condemnation proceeding, voiding the writ of possession and ordering the case to proceed to trial on the Reads' claim for damages pursuant to sections 21.019(c) and 21.044 of the Texas Property Code for Pinnacle's alleged wrongful condemnation and possession of their property. Pinnacle sought to appeal the dismissal of the condemnation proceeding, but the court of appeals dismissed the appeal for want of jurisdiction, concluding it was interlocutory. 1 Shortly before trial on the Reads' damages claim, Pinnacle instituted a second condemnation proceeding and obtained a second writ of possession for the easements. The Reads did not contest the writ of possession in the second proceeding, which remains pending in district court because Pinnacle objected to the amount the commissioners awarded the Reads for the easements. Meanwhile, a jury trial was held in the first condemnation proceeding to determine the Reads' damages for wrongful condemnation during the period of time between when the first and second writs of possession were issued. The trial court rendered judgment on the jury verdict awarding the Reads $110,183.36 in damages, expenses, attorney's fees and interest.