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FPL ENERGY UPTON WIND I, L.P. v. CITY OF AUSTIN

No. 07-06-0145-CV.

240 S.W.3d 456 (2007)

FPL ENERGY UPTON WIND I, L.P., Appellant v. CITY OF AUSTIN, acting by and through its ELECTRIC UTILITY DEPARTMENT, Appellee.

Court of Appeals of Texas, Amarillo.

Rehearing Overruled November 20, 2007.

Attorney(s) appearing for the Case

Andrew F. MacRae, Michael S. Hull, Will Barber, J. Pete Laney, Hull Henricks & MacRae LLP, Austin, for appellant.

Casey L. Dobson, Paige Arnette Amstutz, Jane M.N. Webre, Scott, Douglass & McConnico, LLP, David Allan Smith, City Atty., Austin, for appellee.

Before QUINN, C.J., and CAMPBELL and HANCOCK, JJ.

OPINION

MACKEY K. HANCOCK, Justice.

Appellant, FPL Energy Upton Wind I, L.P. (FPL), appeals a judgment rendering declaratory judgment in favor of appellee, the City of Austin, acting by and through its Electric Utility Department (Austin), and ordering that FPL take nothing by its counterclaims. We affirm.

Background

In 1999, Austin entered into a Wind Power Purchase Agreement with Texas Wind Power Company (Texas Wind). The Agreement was...

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