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NUECES COUNTY WATER CONTROL & IMPROVE. D. v. STATE

No. 12675.

270 S.W.2d 672 (1954)

NUECES COUNTY WATER CONTROL AND IMPROVEMENT DISTRICT NO. 4, et al., Appellants, v. The STATE of Texas, ex rel. Sam E. WILSON, Jr., et al., Appellees.

Court of Civil Appeals of Texas, San Antonio.

Rehearing Denied July 7, 1954.

Second Rehearing Denied September 8, 1954.

Attorney(s) appearing for the Case

Fischer, Wood, Burney & Nesbitt, Corpus Christi, Dumas, Huguenin & Boothman, Dallas, George Prowse, Corpus Christi, for appellants.

John Ben Shepperd, Atty. Gen., Robert S. Trotti, Burnell Waldrep, Asst. Attys. Gen., B. D. Tarlton, Neel & Seaman, Corpus Christi, R. H. Whilden, W. G. Winters, Jr., Houston, Chas. B. Ellard, W. Leo Austin, Dallas, Paul A. McDermott, Fort Worth, James M. Easterling, Frank Chilson, Corpus Christi, for appellees.

POPE, Justice.

This is a quo warranto proceeding brought by the State and others, which attacks the validity of the creation and challenges the existence of the Nueces County Water Control and Improvement District No. 4. The trial court granted the relators' prayer and held that the election to confirm the district was void, and nullified the organization proceedings. The grounds for the holding were that the Commissioners' Court declared the entire district as a...

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