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CITY OF CELINA v. DYNAVEST JOINT VENTURE

No. 03-07-00199-CV.

253 S.W.3d 399 (2008)

The CITY OF CELINA and The Texas Commission on Environmental Quality, Appellants v. DYNAVEST JOINT VENTURE, Appellee.

Court of Appeals of Texas, Austin.

April 24, 2008.

Attorney(s) appearing for the Case

Hugh Emerson Coleman, Hayes, Berry, White & Vanzant, LLP, Denton, TX, for Appellant.

Keith A. Shuley, Hughes & Luce, Austin, TX, for Appellee.

Before Chief Justice LAW, Justices WALDROP and HENSON.

OPINION

G. ALAN WALDROP, Justice.

The City of Celina and the Texas Commission on Environmental Quality ("TCEQ") challenge the trial court's denial of portions of their pleas to the jurisdiction. Appellants contend that the trial court lacks jurisdiction over Dynavest Joint Venture's petition for a declaratory judgment because the petition is an impermissible collateral attack based on a statute that does not apply to the TCEQ's action. We affirm the...

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