Saunders v. Titus County Fresh Water Supply District No. 1 ( 1993 )

ON MOTION FOR REHEARING

The Water District urges on rehearing that if the trial court erred in not allowing the presentation of evidence of the changed purpose of the Water District’s use then this Court should remand the case for a new trial.

We did not consider whether the trial court erred or not in disallowing this evidence because neither side brought a point of error complaining about this ruling by the trial court. The trial court established by language quoted in the original opinion that the case below was to be tried on the basis for which the property was initially condemned. We reviewed the case on that basis because neither party complained on appeal about the case being so limited. Thus, the review of the trial was limited to the purpose for which the Water District initially condemned the property.

The motion for rehearing is overruled.