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CITY OF MONT BELVIEU v. ENTERPRISE PRODUCT

No. 14-05-01197-CV.

222 S.W.3d 515 (2007)

The CITY OF MONT BELVIEU, Appellant v. ENTERPRISE PRODUCTS OPERATING, LP, Appellee.

Court of Appeals of Texas, Houston (14th Dist.).

February 27, 2007.

Attorney(s) appearing for the Case

Ramon G. Viada, III, J. Grady Randle, Houston, for Appellant.

Harry Paul Susman, Thomas W. Paterson, Carolyn Paige Courville, Houston, for Appellee.

Panel consists of Justices FOWLER, FROST and SEYMORE.

OPINION

CHARLES W. SEYMORE, Justice.

In this land use dispute, the City of Mont Belvieu (the "City") appeals from an order granting a plea to the jurisdiction in favor of Enterprise Products Operating, LP ("Enterprise"). In four issues, the City contends the trial court erred by dismissing the City's suit for want of jurisdiction because (1) preemption is an affirmative defense, not a jurisdictional bar, (2) Enterprise failed to establish that the City's...

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