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Circle X Land and Cattle Co., Ltd. v. Mumford Independent School District

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Affirmed and Opinion filed August 31, 2010.

OPINION

This case arises out of a school district’s condemnation of thirty acres of ranch land in Robertson County. Circle X Land & Cattle Company, Ltd., is appealing the trial court’s grant of Mumford Independent School District’s motion for partial summary judgment. Circle X contends the school district failed to meet its burden to prove as a matter of law it was entitled to the summary judgment because it did not establish there was a purpose for the condemnation or that the condemnation of all thirty acres was necessary. Circle X argues that its response to the partial motion for summary judgment raised fact issues about whether the school district acted arbitrarily or capriciously in condemning the land. Finally, Circle X complains the trial court erred in including in its judgment a clause stating Circle X does not have the right to ingress and egress on the condemned property for the purpose of exploring, developing, drilling, or mining for oil and gas. We affirm.

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