The issue in this mandamus action, arising from one government's jurisdictional plea to block another's condemnation proceeding, is whether the trial court may decide the jurisdictional challenge before special commissioners value the property. The Lazy W district argues that special commissioners cannot be appointed until the trial court decides its plea to the jurisdiction, asserting government immunity in a water pipeline-condemnation proceeding. The trial court refused to appoint commissioners. The court of appeals reversed, holding the Property Code required commissioners to value the condemned land and the trial court's order otherwise was void.

The issue in this case is whether a jury finding that the operation of chicken farms was a temporary nuisance precluded the trial court from issuing a permanent injunction.