CITY OF FRIENDSWOOD v. CLEAR CREEK BASIN AUTHORITY

No. 16722.

545 S.W.2d 201 (1976)

CITY OF FRIENDSWOOD, Appellant, v. CLEAR CREEK BASIN AUTHORITY et al., Appellees.

Court of Civil Appeals of Texas, Houston (1st Dist.).

Rehearing Denied December 30, 1976.


Attorney(s) appearing for the Case

Olson & Olson, William A. Olson, Houston, for appellant.

O'Rourke & Lawler, Terence L. O'Rourke, Houston, for appellee Clear Creek Basin Authority.

John L. Hill, Atty. Gen., David M. Kendall, Jr., First Asst. Atty. Gen., Austin, Troy Webb, Asst. Atty. Gen., Donald W. Allee, James R. Jard, Asst. Attys. Gen., Houston, for appellee State of Texas.


PEDEN, Justice.

The first point of error of the appellant, the City of Friendswood, is that the trial judge erred in temporarily enjoining it from violating provisions of the Texas Water Quality Act because the evidence established that the plaintiff, the Clear Creek Basin Authority, has no right or legal capacity to institute or maintain this suit. The City's other point is that the trial judge erred in overruling its plea of privilege because the evidence established...

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