CHOCOLATE BAYOU WATER v. TX NAT. RES. CONS.

No. 03-03-00143-CV.

124 S.W.3d 844 (2003)

CHOCOLATE BAYOU WATER COMPANY AND SAND SUPPLY, A Division of Campbell Concrete and Materials, L.P., Appellants, v. TEXAS NATURAL RESOURCE CONSERVATION COMMISSION; City of Houston, Texas; Brazos River Authority; and Texas Water Development Board, Appellees.

Court of Appeals of Texas, Austin.

December 18, 2003.


Attorney(s) appearing for the Case

Fred B. Werkenthin, Booth, Ahrens & Werkenthin, P.C., Austin, for Sand Supply.

R. Glenn Jarvis, Law Office of Glenn Jarvis, McAllen, Kendall M. Gray, Lawrence L. Bellatti, Andrews & Kurth, LLP, Houston, for Chocolate Bayou Water Company.

Douglas G. Caroom, Bickerstaff, Heath, Smiley, Pollan, Kever & McDaniel LLP, Austin, for Texas Water, Brazos River Authority, City of Houston.

Anthony C. Grigsby, Nancy Elizabeth Olinger, Cynthia Woelk, Brian E. Berwick, Asst. Attys. Gen., Austin, for Texas Commission on Environmental Quality.

Before Chief Justice W. KENNETH LAW, Justices KIDD and PURYEAR.


OPINION

W. KENNETH LAW, Chief Justice.

Appellants, Chocolate Bayou Water Company and Sand Supply appeal a district-court grant of a plea to the jurisdiction, and in the alternative, summary judgment, dismissing their suit against appellees, the Texas Natural Resource Conservation Commission,1 the City of Houston, the Brazos River Authority, and the Texas Water Development Board...

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