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Leeco Gas and Oil Company v. County of Nueces

Supreme Court of Texas
736 S.W.2d 629 (1987)


Facts

Leeco (plaintiff) gifted land to Nueces County (defendant) by a deed that conveyed title subject to the condition that the county develop and use the property for a public park. The county built a park on the property and operated the park for more than twenty years before acting to condemn Leeco’s remainder interest. The commissioners of Nueces County decided to pay Leeco $10,000 for the value of its remainder interest. Leeco appealed to the county court, which affirmed the authority of the county to condemn Leeco’s remainder interest. In spite of testimony valuing the property at no less than $3,000,000, the county court awarded Leeco nominal damages of ten dollars. The county court decision was upheld on appeal. Leeco petitioned the Supreme Court for review of the damages award. Leeco additionally asserted that the county’s knowledge of the possibility of reverter at the time of the gift should act to estop the county from condemning the reversionary interest.

Rule of Law

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Issue

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Holding and Reasoning (Gonzalez, J.)

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  • A "yes" or "no" answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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