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KINNEY COUNTY GROUNDWATER CONS. DIST. v. BOULWARE

No. 04-07-00079-CV.

238 S.W.3d 452 (2007)

KINNEY COUNTY GROUNDWATER CONSERVATION DISTRICT and Darlene Shahan, in her Official Capacity as General Manager of the Kinney County Groundwater Conservation District, Appellants, v. Toledo P. BOULWARE, Individually and as a Trustee, Justin Burk d/b/a Burk Farms, Robert E. Condry, Dos Angeles, L.P., Zach and Kayla Davis, D.M.C. Partners, Ltd., Willie Jo Dooley LP, Hayden G. Haby, Doris Y. Haby, Hayden G. Haby, Jr., Dennette Haby Coates, Melanie and John Jones in their Capacity as Joint Representatives of the Ben Jones Sr. Estate, McDaniel Farms, Inc., Jewel F. Robinson, and 4-S Ranch, Appellees.

Court of Appeals of Texas, San Antonio.

July 18, 2007.

Attorney(s) appearing for the Case

Louis T. Rosenberg, Nohl Patrick Bryant, Law Office of Louis T. Rosenberg, P.C., San Antonio, Marisa Perales, Richard W. Lowerre, Lowerre & Frederick, Austin, TX, for Appellant.

Howard S. Slobodin, Paul M. Terrill, III, Hazen & Terrill, P.C., Edmond R. McCarthy, Jackson, Sjoberg, McCarthy & Wilson, L.L.P., Austin, TX, for Appellee.

Sitting: CATHERINE STONE, Justice, SANDEE BRYAN MARION, Justice, STEVEN C. HILBIG, Justice.

OPINION

Opinion by CATHERINE STONE, Justice.

This is an interlocutory appeal from the denial of a plea to the jurisdiction filed by the appellants, Kinney County Groundwater Conservation District and Darlene Shahan, in her official capacity as general manager of the Kinney County Groundwater Conservation District (collectively "the District"). Because the District's plea to the jurisdiction fails to demonstrate that the trial court lacks subject matter jurisdiction...

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