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WALTON v. CITY OF MIDLAND

No. 11-08-00143-CV.

287 S.W.3d 97 (2009)

Jud WALTON and Janet Walton, Appellants, v. CITY OF MIDLAND et al, Appellees.

Court of Appeals of Texas, Eastland.

Rehearing Overruled February 5, 2009.

Attorney(s) appearing for the Case

Jacqueline W. Allen, Allen & Allen, Midland, for appellants.

Fredrick Fritz Quast, Wayne K. Olson, Taylor, Olson, Adkins, Sralla & Elam, L.P., Fort Worth, J. Derrick Price, Joe Edward Lea, Scott S. Cooley, McGinnis, Lochridge & Kilgore, L.L.P., Austin, for appellees.

Panel consists of: WRIGHT, C.J., McCALL, J., and STRANGE, J.

OPINION

RICK STRANGE, Justice.

Jud and Janet Walton filed suit against the City of Midland, its current and two former council members, the City's interim city manager, and Endeavor Energy Resources, L.P., complaining of a permit issued by the City to Endeavor to drill a well on the Waltons' land and seeking injunctive relief. Four council members were sued individually and in their official capacity. The remaining council members and the interim city manager...

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