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CITY OF MARSHALL v. CITY OF UNCERTAIN

No. 03-03-00154-CV.

124 S.W.3d 690 (2003)

CITY OF MARSHALL and Texas Commission on Environmental Quality (formerly Texas Natural Resources Conservation Commission), Appellants, v. CITY OF UNCERTAIN; Caddo Lake Area Chamber of Commerce and Tourism; Greater Caddo Lake Association; Caddo Lake Institute; John T. Echols; and Barry L. Bennick, Appellees.

Court of Appeals of Texas, Austin.

October 16, 2003.

Attorney(s) appearing for the Case

Martha S. Dickie, Minton, Burton, Foster & Collins, PC, Lambeth Townsend, Martin C. Rochelle, Kathleen M. McPartlin, Lloyd, Gosselink, Blevins, Rochelle, Baldwin & Townsend, PC, Austin, for City of Marshall.

George Thomas Bohl, Cynthia Woelk, Brian E. Berwick, Asst. Attys. Gen., Austin, for Texas Commission on Environmental Quality.

Richard W. Lowerre, Lowerre & Kelly, Austin, for Appellees.

Before Chief Justice LAW, Justices KIDD and PURYEAR.

OPINION

MACK KIDD, Justice.

This is a suit for judicial review of a Texas Commission on Environmental Quality (the "Commission") order granting an amendment to a water right permit submitted by the City of Marshall ("Marshall") without providing the opportunity for a contested-case hearing to the City of Uncertain, the Caddo Lake Area Chamber of Commerce and Tourism, the Greater Caddo Lake Association,...

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