Texas Supreme Court

Brazos River Authority, Petitioner v. City of Graham, Respondent

October 3, 1961163 Tex. 167

Summary

The Texas Supreme Court affirmed the judgment awarding compensation for the taking of the City of Graham's sewage disposal plant, but reversed the awards for the water treatment plant and channel reservoir, held the action was not barred by the two‑year statute of limitations, rejected the claim that the 1953 amendment to Article 5517 exempted the City from that limitation, and found the purported release deed ineffective. Justice Smith dissented, arguing that the Authority should not be liable for any damages.