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COUNTY OF REAL v. SUTTON

No. 04-98-00404-CV.

6 S.W.3d 11 (1999)

COUNTY OF REAL and Roaring Springs Ranch, Inc., Intervenor, Appellants, v. William SUTTON and Patricia Sutton, Appellees.

Court of Appeals of Texas, San Antonio.

Rehearing Overruled August 17, 1999.

Attorney(s) appearing for the Case

Thomas B. Black, San Antonio, J. Ken Nunley, Joe M. Davis, Nunley, Davis, Jolley, Hill, Brant & Strieber, Boerne, H. Ritman Jons, Kerrville, for Appellant.

Terry Scarborough, Cynthia Olson Bourland, Hance Scarborough Wright, Austin, for Appellee.

Sitting: PHIL HARDBERGER, Chief Justice, TOM RICKHOFF, Justice, ALMA L. LÓPEZ, Justice.

OPINION

Opinion by: ALMA L. LÓPEZ, Justice.

This appeal concerns a dispute among the County of Real, a private subdivision known as Roaring Springs Ranch, Inc., and the owners of the adjacent Sutton Ranch over whether a road running through the Sutton Ranch is a public or a private road.

BACKGROUND

Dr. and Mrs. Sutton acquired their 1,920 acre ranch in August of 1981. Ivan Hafley purchased the adjacent southern tract in 1987. Beyond...

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