Jim Burgess, a retired teacher in Westworth Village, won a $1.3 million award in the 19 June 2025 ruling by the Second Court of Appeals, which overturned the city’s attempt to seize his 3.548‑acre property under eminent domain.
The city had first offered Burgess $1.1 million in 2021 to buy the land for its Hawk’s Creek golf course redevelopment. When he declined, the council moved to condemn the plot, citing a planned Golf Performance Center that would be leased to a private operator.
The trial court, after a special commissioner panel valued the property at $1.545 million, awarded Burgess $1.3 million, but the city appealed, arguing the taking served public use by expanding a municipal park and recreation space.
Justice Mike Wallach, writing for a three‑judge panel, held that Article I, §17 of the Texas Constitution bars taking private property for economic development or private benefit, and that the proposed lease undermined the public‑use test. “Condemnation must be carefully scrutinized,” Wallach said.
Johnston Tobey Baruch, Burgess’s counsel, welcomed the decision: “We are delighted that the court recognized the limits of eminent domain and will allow Mr. Burgess to continue his challenge.” Westworth Village officials, meanwhile, filed a petition for review and appealed a cost order.
The Supreme Court granted certiorari on 2 October 2026, and oral arguments will take place on 11 January 2027. A ruling could lock down whether Texas municipalities may use eminent domain to hand land over to private operators.
For Burgess, the fight means more than money; it’s about protecting his home and ensuring that public projects don’t become private profit ventures. Local residents have voiced support, hoping the decision will safeguard community property.