Kathleen Miller, Travis Richardson and Ronnie Richardson v. City of Mount Belvieu, Texas
CourtTexas Court of Appeals, 1st District (Houston)
Date FiledJune 23, 2026
Docket01-25-00235-CV
StatusPublished
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Full Opinion
Opinion issued June 23, 2026
In The
Court of Appeals
For The
First District of Texas
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NO. 01-25-00235-CV
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KATHLEEN MILLER, TRAVIS RICHARDSON,
AND RONNIE RICHARDSON, Appellants
V.
CITY OF MONT BELVIEU, Appellee
On Appeal from the 344th District Court
Chambers County, Texas
Trial Court Case No. 21DCV0619
MEMORANDUM OPINION
To expand its municipal golf course, the City of Mont Belvieu initiated a
condemnation suit over a certain tract of real property owned by three siblings in
equal, undivided interests (“property owners”). After the special commissioners
assessed damages due to the property owners, the property owners filed a plea to the
jurisdiction based on the failure to serve notice of the special commissioners’ hearing
on one of the owners. The trial court denied the property owners’ plea to the
jurisdiction.
In two issues, the property owners contend the special commissioners’ award
condemning their undivided property interests was void due to lack of jurisdiction
for failing to serve notice on one of them. But we do not have jurisdiction over this
interlocutory appeal under Texas Civil Practice and Remedies Code section
51.014(a)(8) because the plea to the jurisdiction was filed by the property owners,
not a governmental unit. See TEX. CIV. PRAC. & REM. CODE § 51.014(a)(8).
After asking the parties to address whether we have jurisdiction over this
appeal, the property owners requested that we construe their brief as a petition for
writ of mandamus. We decline to do so. Thus, we dismiss this appeal for want of
jurisdiction.
Clint Morgan
Justice
Panel consists of Justices Gunn, Caughey, and Morgan.
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