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BLOCK HOUSE MUN. UTILITY v. CITY OF LEANDER

No. 03-08-00551-CV.

291 S.W.3d 537 (2009)

BLOCK HOUSE MUNICIPAL UTILITY DISTRICT, Appellant, v. THE CITY OF LEANDER, Texas; and Anthony Johnson, Individually and in his Capacity as City Manager, Appellees.

Court of Appeals of Texas, Austin.

July 10, 2009.

Attorney(s) appearing for the Case

John McClish, Womack, McClish, Wall & Foster, P.C., for appellant.

Sheri R. Hunter, Michael A. Shaunessy, Taline Manassian, Sedwick, Detert, Moran & Arnold, L.L.P., Barney L. Knight, Knight & Partners, Austin, TX, for appellee.

Before Justices PATTERSON, PEMBERTON and WALDROP.

OPINION

G. ALAN WALDROP, Justice.

Appellee, the City of Leander, Texas, approved the condemnation of an easement through parkland for a wastewater line. Appellant Block House Municipal Utility District, which had dedicated the property as parkland, filed suit opposing the condemnation. Under section 26.001 of the parks and wildlife code, to condemn parkland property, the City is required to determine that there is no feasible and prudent alternative...

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