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DAVIS v. MAY

No. 04-03-00525-CV.

135 S.W.3d 747 (2003)

Emmit DAVIS and Debra Davis, Appellants, v. Marsha MAY and The State of Texas, Appellees.

Court of Appeals of Texas, San Antonio.

Rehearing Overruled March 22, 2004.

Attorney(s) appearing for the Case

Richard N. Evans, Beaumont, for Appellant.

Russell J. Wright, Wright & Wright, Silsbee, Joe H. Thrash, Asst. Atty. Gen., Administrative Law Division, Austin, for Appellees.

Sitting: ALMA L. LÓPEZ, Chief Justice, CATHERINE STONE, Justice, PAUL W. GREEN, Justice.

OPINION

Opinion by: ALMA L. LÓPEZ, Chief Justice.

Emmit and Debra Davis (the "Davises") appeal the trial court's judgment granting Marsha May ("May") and individuals related to the decedents buried in a private cemetery a right of ingress and egress across the Davises' land which surrounds the cemetery. The Davises present five issues on appeal, contending: (1) section 711.041 of the Texas Health and Safety Code is unconstitutional and the granting...

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