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BRUSHY CREEK MUN. UTILITY v. WATER COM'N

No. 3-93-136-CV.

887 S.W.2d 68 (1994)

BRUSHY CREEK MUNICIPAL UTILITY DISTRICT, Appellee, v. TEXAS WATER COMMISSION, et al., Appellants.

Court of Appeals of Texas, Austin.

Rehearing Overruled December 14, 1994.

Attorney(s) appearing for the Case

Barbara Day, Butler, Porter, Gay & Day, Austin, for appellant.

Dan Morales, Atty. Gen., Susan D. Bergen, Asst. Atty. Gen., Austin, for appellee TX Water Com'n.

Ronald J. Freeman, Law Offices of Ronald J. Freeman, Austin, for appellee Highland Management, Inc., Hy-Land Joint Venture, Hy-Land North Joint Venture and First Hotel Investments Corp.

Before POWERS, JONES and KIDD, JJ.

POWERS, Justice.

Brushy Creek Municipal Utility District sued the Texas Water Commission and the City of Round Rock for judicial review of the Commission's final order in a contested case. Other parties intervened.1 The district court affirmed the agency order and the District appeals from the resulting judgment. Holding the Commission had no jurisdiction of the controversy, we will reverse the agency order and the district-court judgment...

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