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CUMMINS v. TRAVIS COUNTY WATER DIST. NO. 17

No. 03-04-00049-CV.

175 S.W.3d 34 (2005)

Donald H. CUMMINS, Betty Ann Bradfield Cummins, Thomas W. Cummins and William Bradfield Cummins, Appellants, v. TRAVIS COUNTY WATER CONTROL AND IMPROVEMENT DISTRICT NO. 17, Appellee.

Court of Appeals of Texas, Austin.

Rehearing Overruled September 27, 2005.

Attorney(s) appearing for the Case

Samuel D. McDaniel and J. Woodfin Jones, Alexander Dubose Jones & Townsend, LLP, Austin, for Appellants.

Toni Hunter and Richard E. Gray, III, Gray & Becker, PC, Austin, for Appellee.

Before Justices KIDD, PATTERSON and PURYEAR.

OPINION

JAN P. PATTERSON, Justice.

Our opinion and judgment issued on June 3, 2005, are withdrawn, and the following opinion is substituted.

Appellants Donald H. Cummins, Betty Ann Bradfield Cummins, Thomas W. Cummins, and William Bradfield Cummins own property on a high bluff overlooking Lake Travis and abutting land owned by appellee, the Travis County Water Control and Improvement District No. 17. In 2002, the Cumminses applied to the District...

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