Ruling postponed in eminent domain case: The Facts (Brazoria County TX), 3/30/06

Brazoria County Court-at-Law Judge Marc Holder delayed ruling on a summary judgment motion Tuesday in Western Shellfish Corp.’s bid to prevent Freeport Economic Development Corp. from taking a section of its property by eminent domain.

Lawyers from each side will submit further information from cases relevant to the issue before Holder issues his ruling.

A summary judgment would allow the court to decide the case without a full trial, said attorney Loren Smith, representing Freeport.

Attorney Margaret Pollard, representing Western Shellfish, requested the summary judgment, arguing the statute for eminent domain cannot be applied to cases that were on file at the time the law was passed. The Texas Legislature passed a revised eminent domain law last summer during the second special session.

The condemnation case involves whether the development agency can use eminent domain to acquire 100 feet of waterfront property owned by Western Shellfish. The city plans use the land, in conjunction with additional waterfront property held by Western Seafood, for construction of a marina.

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