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HUGHES v. CITY OF ROCKWALL

No. 05-04-01562-CV.

153 S.W.3d 709 (2005)

Vester T. HUGHES, as Sole Independent Executor of the Estate of W.W. Caruth, Jr., Deceased, Appellant, v. CITY OF ROCKWALL, Texas, Appellee.

Court of Appeals of Texas, Dallas.

January 20, 2005.

Attorney(s) appearing for the Case

Robert H. Mow, Jr., R. Matthew Molash, Dwight A. Shupe, Evan S. Tilton, Hughes & Luce, L.L.P., Dallas, for Appellant.

Terry D. Morgan, Terry D. Morgan & Associates, P.C., Pete Eckert, Caso, Egelston & Eckert, James W. Morris, Jr., Goins Underkofler Crawford & Langdon, Dallas, for Appellee.

Before Justices WRIGHT, O'NEILL, and LANG.

OPINION

Opinion by Justice LANG.

In this expedited appeal, we address a case of first impression in municipal annexation law. We must interpret section 43.052(i), to determine whether it permits a landowner to seek arbitration absent intervention by the State. Tex. Local Gov't Code Ann. § 43.052(i) (Vernon 2004). Our conclusion is that it does. We reverse the trial court's order granting the City of Rockwall's plea to the jurisdiction and remand for...

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