City of Austin, Petitioner v. Harry M. Whittington, Respondents

Summary

The Texas Supreme Court reversed the Court of Appeals and remanded, holding that the City of Austin’s condemnation of Block 38 was valid because the City’s determinations of public use and necessity were not fraudulent, not made in bad faith, and not arbitrary or capricious, that the twenty‑foot strip was properly taken, and that Government Code §2206.001 does not invalidate the taking. The Court also noted a partial concurrence/dissent by Justice Hecht.