CITY OF SAN MARCOS v. LOWER COLORADO RIVER AUTH.

No. 12110.

508 S.W.2d 403 (1974)

CITY OF SAN MARCOS, Texas, Appellant, v. LOWER COLORADO RIVER AUTHORITY, Appellee.

Court of Civil Appeals of Texas, Austin.

Rehearing Denied April 24, 1974.


Attorney(s) appearing for the Case

James W. Wilson, McGinnis, Lochridge & Kilgore, Austin, for appellant.

C. C. Small, Jr., Small, Craig & Werkenthin, Austin, for appellee.


O'QUINN, Justice.

The City of San Marcos brought this lawsuit against the Lower Colorado River Authority seeking a declaratory judgment asseverating its power as a home rule city to fix rates charged by any electrical utility serving its inhabitants, including rates charged by the Authority selling at retail in San Marcos.

The City also sought to enjoin the Authority from increasing its rates beyond charges prescribed in a city ordinance adopted December 19...

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