GATESCO Q.M., LTD. v. CITY OF HOUSTON

No. 14-09-00176-CV.

333 S.W.3d 338 (2010)

GATESCO Q.M., LTD. d/b/a Quail Meadows Apartments, Appellant, v. The CITY OF HOUSTON and Bill White, Individually, Appellees.

Court of Appeals of Texas, Houston (14th Dist.).

October 28, 2010.


Attorney(s) appearing for the Case

Steven Doyle Poock , Sugar Land, Robert Gaines Gibson , Rosenburg, for appellant.

Bertrand L. Pourteau, II , Elizabeth L. Stevens , Houston, for appellees.

Panel consists of Justices FROST, BOYCE, and SULLIVAN.


OPINION

KEM THOMPSON FROST, Justice.

The primary issue in this appeal is the proper construction of section 13.042 of the Texas Water Code, a provision that has been construed in conflicting ways by various Texas courts of appeals. In the case under review a consumer, the owner of an apartment complex, sought declaratory and injunctive relief against a municipality that provided water service to the complex. The trial court dismissed the consumer's claims...

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