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CITY OF HEATH v. DUNCAN

No. 05-03-00434-CV.

152 S.W.3d 147 (2004)

The CITY OF HEATH, Texas, Appellant, v. Mark DUNCAN, Kevin Mitchell, James E. Davis, Thomas J. Davis, Dianne Villarreal, Teresa Duncan, James E. and Shelby J. Davis Revocable Living Trust, Amy Davis, Benito Villareal, Kevin C. Mitchell, Robin R. Mitchell, Ronald D. Carroll, and Velvet Carroll, Appellees.

Court of Appeals of Texas, Dallas.

Rehearing Overruled January 13, 2005.

Attorney(s) appearing for the Case

Joe H. Staley, Jr., Larry M. Lesh, Dallas, for Appellant.

Jason Clarke Marshall, Winstead Schrest & Minick, P.C., Dallas, for Appellee.

Before Chief Justice THOMAS and Justices FITZGERALD and MAZZANT.

OPINION

Opinion by Chief Justice THOMAS.

This case involves a dispute over the City of Heath's plans to build a water tower in a residential subdivision. The thirteen appellees (Property Owners) own property in the subdivision. On interlocutory appeal, the City challenges the trial court's denial of its motion to dismiss the case for want of jurisdiction. See Tex. Civ. Prac. & Rem.Code Ann. § 51.014(a)(8) (Vernon Supp.2004-05). For reasons...

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