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STATE v. MONTGOMERY COUNTY

No. 09-09-00518-CV.

338 S.W.3d 49 (2011)

The STATE of Texas and The Texas A & M University System, Appellants, v. MONTGOMERY COUNTY, Texas, Appellee.

Court of Appeals of Texas, Beaumont.

Decided February 24, 2011.

Attorney(s) appearing for the Case

Gregg Abbott , Attorney General, Richard D. Naylor , Assistant Attorney General, Austin, TX, for appellants.

J. Mark Breeding , Paul S. Radich , Andrews Kurth LLP, Houston, TX, David K. Walker , County Attorney, Conroe, TX, for Appellee.

Before McKEITHEN, C.J., KREGER and HORTON, JJ.

OPINION

STEVE McKEITHEN, Chief Justice.

The State of Texas and The Texas A & M University System ("TAMUS") appeal a declaratory judgment that Montgomery County ("the County") is vested with a statutory easement and right-of-way through a section of state forest that is managed by TAMUS. The controversy concerns the widening of a state highway ("FM 1488") pursuant to a pass-through toll agreement between the County and the Texas Department of Transportation...

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