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AUSTIN INDEPENDENT SCHOOL DISTRICT v. SIERRA CLUB

No. B-3856.

495 S.W.2d 878 (1973)

AUSTIN INDEPENDENT SCHOOL DISTRICT et al., Petitioners, v. SIERRA CLUB et al., Respondents.

Supreme Court of Texas.

May 9, 1973.

Attorney(s) appearing for the Case

J. M. Patterson, Jr., McGinnis, Lochridge & Kilgore, James W. Wilson, Frank W. Elliott, Jr., Don R. Butler, City Atty., Austin, for petitioners.

Robert C. Means and Paul W. Jones, Jr., Austin, for respondents.

WALKER, Justice.

On the controlling question presented by this appeal, we hold that the suit is an ineffectual collateral attack on the judgment of the County Court at Law No. 2 of Travis County in an eminent domain proceeding.

The suit was filed in the 126th District Court of Travis County by Sierra Club, a nonprofit corporation with a special interest in preserving park land, and several individuals who are qualified voters and taxpaying property owners...

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