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LARRY KOCH, INC. v. TEXAS NATURAL CONSERV.

No. 03-00-00133-CV.

52 S.W.3d 833 (2001)

LARRY KOCH, INC. and Those Similarly Situated, Appellants, v. TEXAS NATURAL RESOURCE CONSERVATION COMMISSION, Appellee.

Court of Appeals of Texas, Austin.

May 31, 2001.

Attorney(s) appearing for the Case

Scott Ozmun, Whitehurst, Harkness, Ozmun & Archuleta, P.C., Austin, for appellant.

Nancy E. Olinger, Asst. Atty. Gen., Cynthia Woelk, Asst. Atty. Gen., Austin, for appellee.

Before Chief Justice ABOUSSIE, Justices YEAKEL and POWERS.

POWERS, Justice.

Larry Koch appeals from a trial-court judgment that dismisses, for want of subject-matter jurisdiction, his actions against the Texas Natural Resource Conservation Commission (TNRCC). We will reverse the judgment and remand the cause to the trial court.

THE CONTROVERSY

We will summarize the allegations in Koch's petition and accept them as true for the purpose of testing the trial court's subject-matter jurisdiction. See Bernard...

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