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CITY OF GALVESTON v. TEXAS GEN. LAND OFFICE

No. 01-04-01096-CV.

196 S.W.3d 218 (2006)

THE CITY OF GALVESTON, Texas and Landry's Restaurants, Inc., Appellants, v. The TEXAS GENERAL LAND OFFICE, Appellee.

Court of Appeals of Texas, Houston (1st Dist.).

April 20, 2006.

Attorney(s) appearing for the Case

Barbara Elliott-Roberts, Kevin D. Jewell, Chamberlain, Hrdlicka, White, Williams, & Martin, P.C., Houston, for Appellant.

Jeffee L. Martinez-Vargas, Austin, TX, for Appellee.

Panel consists of Justices TAFT, HIGLEY, and BLAND.

OPINION

JANE BLAND, Justice.

This declaratory judgment action requires us to construe Texas Local Government Code section 307.042(e),1 which enabled the City of Galveston ("the City") to sell the Flagship Pier and Hotel—property the Legislature requires be used for public park purposes—to Landry's Restaurants, Inc. ("Landry's"). The City and Landry's contend the trial...

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