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TEXAS RIVER BARGES v. CITY OF SAN ANTONIO

No. 04-98-00837-CV.

21 S.W.3d 347 (2000)

TEXAS RIVER BARGES, Appellant/Appellee, v. THE CITY OF SAN ANTONIO, Appellee/Appellant.

Court of Appeals of Texas, San Antonio.

Rehearing Overruled February 16, 2000.

Attorney(s) appearing for the Case

Ryan G. Anderson, Brendan K. McBride, Thad D. Spalding, Grant T. McFarland, Prichar, Hawkins & Young, L.L.P., San Antonio, Michael P. Hodge, Asst. City Atty., Chief, Litigation Section, San Antonio, Russell S. Johnson, Bracewell & Patterson, L.L.P., San Antonio, for appellee.

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

OPINION

Opinion by: TOM RICKHOFF, Justice.

In this appeal, we must decide whether the City of San Antonio (the City) has authority to regulate navigation on the San Antonio River (the River) and whether the City may be held liable in tort for interfering with a private entity's operation of a commercial barge service on the River. We conclude that the River is a navigable stream that may be used and enjoyed by the public, but that the City may regulate navigation...

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