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TEXAS NAT. RES. CONS. COM'N v. LAKESHORE UTILITY CO. INC.

No. 02-0988.

164 S.W.3d 368 (2005)

TEXAS NATURAL RESOURCE CONSERVATION COMMISSION, Petitioner, v. LAKESHORE UTILITY COMPANY, INC., Sentry Title Company, Inc., Alan D. Whatley, and Thelma J. Whatley, Respondents.

Supreme Court of Texas.

Decided April 8, 2005.

Rehearing Denied June 24, 2005.

Attorney(s) appearing for the Case

Philip Dale Mockford, Leonard H. Dougal, George Breck Harrison, Jackson & Walker, L.L.P., J. Stephen Dillawn, Atwood & Associates, Austin, J. Albert Kroemer, Prager Metzger & Kroemer, Dallas, for Petitioner.

Greg Abbott, Jane Elizabeth Atwood, Office of Atty. Gen., Howard G. Baldwin, First Asst. Atty. Gen., Jeffrey S. Boyd, Thompson & Knight, Karen Watson Kornell, Office of Atty. Gen., Barry Ross McBee, Office of Atty. Gen., and Linda B. Secord, Office of Atty. Gen., Natural Resource Div., Austin, for Respondent.

Justice O'NEILL delivered the opinion of the Court.

In this case arising from a Texas Natural Resource Conservation Commission1 enforcement action, we must decide whether the evidence is legally sufficient to support the trial court's determination that a utility company knowingly violated the Water Code by charging its customers unauthorized fees, and whether the Water Code authorizes the Attorney...

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