Denton County, Petitioner v. G. H. Brammer, Jr., Respondents

Summary

The Texas Supreme Court held that the trial court abused its discretion by failing to find a conclusive presumption of abandonment where the condemnee, Brammer, unreasonably delayed causing citation and service; consequently the court reversed the lower courts, limiting Brammer’s recovery to the $800 award and affirming the county’s title to the land. Justice Calvert dissented, arguing the trial court should have been required to give Brammer an opportunity to explain the delay and would have remanded the case.