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STEPHENVILLE v. PARKS AND WILDLIFE DEPT.

No. 03-95-00292-CV.

940 S.W.2d 667 (1996)

CITY OF STEPHENVILLE, City of Glen Rose and Somervell County, Appellants, v. TEXAS PARKS AND WILDLIFE DEPARTMENT; Julian S. Crowell; Lometa Wann; Jean Wann Edwards; Cynthia McIntire; Lois H. Crowell; Clinton McIntire; Rosamond C. Berry; Michael Clifton Allen; Dorothy Allen Tiwater; Terry McIntire; Sharon Haley; John H. Crowell; and Pauline Crowell, Appellees.

Court of Appeals of Texas, Austin.

Rehearing Overruled September 11, 1996.

Attorney(s) appearing for the Case

Jim Ewbank, Ewbank & Harris, P.C., Walter L. Taylor, Harris & Taylor, L.L.P., Frank R. Booth, Booth & Dillon, P.C., Austin, for City of Stephenville, City of Glen Rose and Somervell County.

Stuart N. Henry, Henry, Lowerre, Johnson, Hess & Frederick, R. James George, Jr., George, Donaldson & Ford, L.L.P., Austin, for Julian S. Crowell, et al.

Dan Morales, Attorney General, Elizabeth R. B. Sterling, Nancy E. Olinger, Assistant Attorneys General, Natural Resources Division, Austin, for Texas Parks and Wildlife Dept.

Before CARROLL, C.J., and ABOUSSIE and KIDD, JJ.

ABOUSSIE, Justice.

Appellants City of Stephenville, City of Glen Rose, and Somervell County (collectively, the "Applicants") applied to the Texas Water Commission1 (the "Commission") for a permit to construct a dam and reservoir on the Paluxy River. Appellees Texas Parks and Wildlife Department (the "Department") and numerous Landowners (collectively, the "Landowners") contested the application. The Commission granted the permit. The Department...

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