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BEXAR-MEDINA-ATASCOSA COUNTIES v. WALLACE

No. 16520.

619 S.W.2d 551 (1981)

BEXAR-MEDINA-ATASCOSA COUNTIES WATER IMPROVEMENT DISTRICT NO. 1, Appellant, v. George J. WALLACE and wife, Joan Wallace, Appellees.

Court of Civil Appeals of Texas, San Antonio.

Rehearing Denied July 1, 1981.

Attorney(s) appearing for the Case

Les Mendelsohn, Branton & Mendelsohn, San Antonio, for appellant.

Robert Wehmeyer, Darden & Wehmeyer, Bandera, for appellees.

OPINION

ESQUIVEL, Justice.

This is an appeal from a judgment denying a permanent injunction.

Appellant, Bexar-Medina-Atascosa Counties Water Improvement District No. 1 (hereafter referred to as BMA), brought suit against appellees, the Wallaces, to prevent the Wallaces from constructing a septic tank on land below the "high water mark"1 around Medina Lake, a lake operated by BMA under authority of the Texas Legislature...

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