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CITY OF SAN MARCOS v. TX COM'N ON ENVIRON.

No. 03-02-00724-CV.

128 S.W.3d 264 (2004)

The CITY OF SAN MARCOS, Texas; San Marcos River Foundation and Dr. Jack Fairchild, Appellants v. TEXAS COMMISSION ON ENVIRONMENTAL QUALITY, Appellee.

Court of Appeals of Texas, Austin.

January 8, 2004.

Attorney(s) appearing for the Case

Edmond R. McCarthy, Jr., Jackson, Sjoberg & McCarthy, L.L.P., Austin, Mark Taylor, City Atty., San Marcos, for The City of San Marcos, Texas.

George Thomas Bohl, Asst. Atty. Gen., Nancy Elizabeth Olinger, Asst. Atty. Gen., Austin, for appellee.

M. Renea Hicks, William G. Bunch, Austin, for Foundation & Fairchild.

Before Chief Justice W. KENNETH LAW, Justices B.A. SMITH and PURYEAR.

OPINION

W. KENNETH LAW, Chief Justice.

We withdraw our opinion and judgment issued on August 29, 2003, and substitute this one in its place, and the Court overrules the motion for rehearing en banc.

Appellee Texas Commission on Environmental Quality1 ("the Commission") accepted an administrative law judge's (ALJ) proposal to grant appellant City of San Marcos...

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