City of Pearland, Petitioner v. John Alexander, as Independent Executor and Trustee of the Estate of C. H…

Summary

The Texas Supreme Court held that the trial court erred by giving a special instruction that presumed the City would use the entire ten‑acre condemned site for a sewage disposal plant, thereby violating the willing‑seller, willing‑buyer market‑value test for severance damages; the judgment was reversed and the case remanded for a new trial. Justice McGEE dissented, arguing that the instruction and motion‑in‑limine were proper.