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NORTHWEST AUSTIN MUN. v. CITY OF AUSTIN

No. 03-04-00240-CV.

274 S.W.3d 820 (2008)

NORTHWEST AUSTIN MUNICIPAL UTILITY DISTRICT NO. 1, Don Zimmerman, William C. Ferguson, and Alan R. Weiss, Appellants, v. CITY OF AUSTIN; Mayor Will Wynn, Brewster McCracken, Lee Leffingwell, Mike Martinez, Randi Shade, Laura Morrison, and Sheryl Cole, in their Official Capacities as City Council Members, Appellees.

Court of Appeals of Texas, Austin.

Rehearing Overruled December 31, 2008.

Attorney(s) appearing for the Case

Gregory S. Coleman, Yetter, Warden & Coleman, L.L.P., Melanie P. Sarwal, Weil, Gotshal & Manges, L.L.P., Austin, for appellants.

Nancy K. Matchus, Asst. City Atty., Austin, for appellees.

Before Chief Justice LAW, Justices PURYEAR and ONION.

OPINION

W. KENNETH LAW, Chief Justice.

Appellants Northwest Austin Municipal Utility District No. 1, Don Zimmerman, William C. Ferguson, and Alan R. Weiss appeal from the judgment against them in their suit to declare that an agreement executed by the District and appellees City of Austin and City Council members (collectively, "the City") is an "allocation agreement" under section 54.016(f) of the Texas Water Code and that the agreement violates...

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