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STATE, WATER DEV. v. HEARTS BLUFF GAME

No. 03-09-00598-CV.

313 S.W.3d 479 (2010)

The STATE of Texas and the TEXAS WATER DEVELOPMENT BOARD, Appellants, v. HEARTS BLUFF GAME RANCH, INC., Appellee.

Court of Appeals of Texas, Austin.

May 13, 2010.

Attorney(s) appearing for the Case

Arthur C. D'Andrea, Asst. Solicitor General, Austin, for Appellants.

Terry Jacobson, Jacobson Law Firm, PC, Corsicana, for Appellee.

Before Chief Justice JONES, Justices PEMBERTON and WALDROP.

OPINION

J. WOODFIN JONES, Chief Justice.

Appellee Hearts Bluff Game Ranch, Inc. ("Hearts Bluff") sued appellants the State of Texas and the Texas Water Development Board ("the Board") (collectively, "the State Defendants") alleging a regulatory taking. The State Defendants filed a plea to the jurisdiction, which the trial court denied. On appeal, the State Defendants argue that the jurisdictional facts pleaded by Hearts Bluff do not allege a valid...

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