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CITY OF COLONY v. NORTH TEX. MUN. WATER

No. 2-07-128-CV.

272 S.W.3d 699 (2008)

CITY OF THE COLONY, Texas, Appellant, v. NORTH TEXAS MUNICIPAL WATER DISTRICT and City of Frisco, Texas, Appellees. and City of Frisco, Texas, Appellant, v. City of the Colony, Texas, Appellee and North Texas Municipal Water District, Appellant, v. City of the Colony, Texas, Appellee.

Court of Appeals of Texas, Fort Worth.

Rehearing Overruled December 18, 2008.

Attorney(s) appearing for the Case

Robert E. Hager, Dallas, for Appellant.

Lewis L. Isaacks, Plano, Richard Abernathy, McKinney, for Appellees.

PANEL: LIVINGSTON, HOLMAN, and GARDNER, JJ.

OPINION

DIXON W. HOLMAN, Justice.

I. INTRODUCTION

City of The Colony, Texas, entered into a tri-party contract (the "Contract") in 1998 with City of Frisco, Texas, and North Texas Municipal Water District ("the District") for, among other things, the construction and operation of a regional wastewater system for the purpose of providing a facility to treat wastewater from both cities. The Colony made contractually required payments to the District...

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