Texas Supreme Court
Thelma Blahuta Hubenak, Petitioner v. San Jacinto Gas Transmission Company, Respondent; Thelma Blahuta Hubenak And…
July 2, 2004141 S.W.3d 172
Summary
The Texas Supreme Court held that the "unable to agree" requirement of Tex. Prop. Code §21.012 is not jurisdictional and that the condemning entities satisfied that requirement in the consolidated cases. Accordingly, the Court affirmed the appellate judgments in Hubenak 1, Hubenak 2, Wenzel, Kutach and Cusack Ranch, affirmed and remanded Cusack, and reversed and remanded Demehl, Wright 1 and Wright 2. Justice Jefferson filed a concurring opinion.