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VILLEGE OF CREEDMOOR v. FROST NAT. BANK

No. 3-90-150-CV.

808 S.W.2d 617 (1991)

VILLAGE OF CREEDMOOR and Heep Trusts 1 & 2, Appellant, v. FROST NATIONAL BANK, Trustee of the Z.T. Scott, Jr., et al. Trust Under the Will of Z.T. Scott and City of Austin, Appellees.

Court of Appeals of Texas, Austin.

Rehearing Overruled June 5, 1991.

Attorney(s) appearing for the Case

Donald E. Bird, Austin for Village of Creedmoor.

W. Thomas Buckle, Scanlan & Buckle, Austin, for Heep Trusts 1 & 2.

Iris Jones, City Atty., Scott Smyth, Asst. City Atty., Austin, for City of Austin.

James K. Peden, III, Strasburger & Price Armbrust & Brown, Dallas, for Frost Nat. Bank, Trustee of the Z.T. Scott, Jr., et al. Trust under the Will of Z.T. Scott.

Before ABOUSSIE, POWERS and KIDD, JJ.

KIDD, Justice.

This is a municipal law case. In 1989, the Village of Creedmoor ("Creedmoor") annexed 234 acres immediately adjacent to its city limits. Several weeks later, Creedmoor attempted to enjoin certain activities that Texas Disposal Systems, Inc. ("TDS") was conducting on the annexed property. The Heep Trusts 1 and 2 ("Heep"), owners of a portion of the property Creedmoor annexed, later intervened on behalf of Creedmoor. Frost National Bank ("Frost"), as...

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