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LAGUNA MADRE FOUNDATION v. NAT. RES. CONS.

No. 03-98-00509-CV.

4 S.W.3d 419 (1999)

LOWER LAGUNA MADRE FOUNDATION, INC. and Walter A. Kittelberger, Appellants, v. TEXAS NATURAL RESOURCE CONSERVATION COMMISSION and The Loma Alta Trust, Appellees.

Court of Appeals of Texas, Austin.

October 21, 1999.

Attorney(s) appearing for the Case

Richard W. Lowerre, Henry, Lowerre, Johnson, Hess & Frederick, Austin, for Appellant.

John Cornyn, Atty. Gen., Amanda Atkinson Cagle, Asst. Atty. Gen., Austin, for TNRCC.

Edmond R. McCarthy, Jr., McGinnis, Lochridge & Kilgore, L.L.P., Austin, for The Loma Alta Trust.

Before Chief Justice ABOUSSIE, Justices KIDD and B.A. SMITH.

BEA ANN SMITH, Justice.

The Lower Laguna Madre Foundation ("the Foundation")1 and Walter Kittelberger2 appeal the district court's grant of summary judgment in favor of the Texas Natural Resource Conservation Commission ("the Commission") and the Loma Alta Trust ("Loma Alta"). This appeal presents four issues: (1) whether section 321.272(b)(3) of the Texas Administrative Code ("the rule") creates an exemption...

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