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BROOKSHIRE KATY DRAINAGE v. LILY GARDENS

No. 01-07-00431-CV.

333 S.W.3d 301 (2010)

BROOKSHIRE KATY DRAINAGE DISTRICT, Appellant, v. The LILY GARDENS, LLC, Richard E. Flueckiger and Kenneth B. Luedecke, Appellees.

Court of Appeals of Texas, Houston (1st Dist.).

Reconsideration En Banc Denied February 25, 2011.

Rehearing En Banc Overruled February 25, 2011.

Attorney(s) appearing for the Case

David Frishman , Katy, TX, Kevin D. Jewell , William S. Helfand , Chamberlain, Hrdlicka, White, Williams & Martin, Houston, TX, for Appellant.

Dale Jefferson , Levon G. Hovnatanian , Raul H. Suazo , Martin, Disiere, Jefferson & Wisdom, L.L.P., Houston, TX, for Appellees.

Panel consists of Justices ALCALA, HANKS, and WILSON.

OPINION ON REHEARING

GEORGE C. HANKS, Justice.

Appellees, Lily Gardens, LLC, and its owners, Richard E. Flueckiger and Kenneth B. Luedecke (collectively, the "Defendants"), have filed a motion for rehearing. Appellant, Brookshire Katy Drainage District (the "District"), filed a response to the motion. We grant rehearing and withdraw our opinion and judgment of December 22, 2009 and substitute this opinion and judgment in their place.

The District...

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