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CITY OF GALVESTON v. FLAGSHIP HOTEL, LTD.

No. 03-10-00094-CV.

319 S.W.3d 948 (2010)

CITY OF GALVESTON and Texas Commission on Environmental Quality, Appellants, v. FLAGSHIP HOTEL, LTD., Appellee.

Court of Appeals of Texas, Austin.

August 27, 2010.

Attorney(s) appearing for the Case

William Scott Helfand , Charles T. Jeremiah , Chamberlain, Hrdlicka, White, Williams & Martin, Houston, TX, Linda B. Secord , Assistant Attorney General, Environmental Protection & Administrative Law Division, Austin, TX, for Appellants.

Millard A. Johnson , Andrew H. Sharenson , Adrian L. Guerra-Paz , Johnson, Deluca, Kennedy & Kurisky, P.C., Houston, TX, for Appellee.

Before Justices PATTERSON, WALDROP and HENSON.

OPINION

G. ALAN WALDROP, Justice.

This case involves an administrative determination by appellant Texas Commission on Environmental Quality (TCEQ) that it has no jurisdiction over a dispute between appellee Flagship Hotel, Ltd. and appellant City of Galveston. Flagship sought a determination from TCEQ that the agency had no jurisdiction over the dispute, and TCEQ issued a final order in the case to that effect. Flagship then filed suit in district...

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