KIRBY LAKE DEV. v. CLEAR LAKE CITY WATER

No. 08-1003.

320 S.W.3d 829 (2010)

KIRBY LAKE DEVELOPMENT, LTD., Miter Development Co., L.L.C., Taylor Lake, Ltd., and Friendswood Development Co., Ltd., Petitioners, v. CLEAR LAKE CITY WATER AUTHORITY, Respondent.

Supreme Court of Texas.

Decided August 27, 2010.


Attorney(s) appearing for the Case

Lawrence J. Fossi , Karen B. Jewell , Fossi & Jewell, LLP, Houston, TX, for petitioners.

Ramon G. Viada III , Viada & Strayer, The Woodlands, TX, Barry Abrams , Abrams, Scott & Bickley, LLP, William E. Schweinle Jr. , Schweinle, Parish & Lowerre, P.C., Houston, TX, for respondent.

Murry B. Cohen , Akin Gump Strauss Hauer & Feld LLP, Houston, TX, Laura F. Hill , Texas Municipal League, Austin, TX, for amicus curiae.


Chief Justice JEFFERSON delivered the opinion of the Court, in which Justice HECHT, Justice WAINWRIGHT, Justice MEDINA, Justice GREEN, Justice JOHNSON, and Justice LEHRMANN joined, and in which Justice WILLETT joined as to all parts except footnote 7.

Water lies beneath the surface of today's case, yet our holding is based on a rule of grammar, not capture. The Water Authority must seek voter approval, "in any bond election" it conducts, to sell bonds so that developers...

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