BROOKSHIRE KATY DRAINAGE v. LILY GARDENS

No. 01-07-00431-CV.

357 S.W.3d 661 (2011)

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.).

February 25, 2011.


Attorney(s) appearing for the Case

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

Dale Jefferson , Levon G. Hovnatanian , Raul H. Suazo , Martin, Disiere, Jefferson & Wisdom, Houston, for appellant.


Reconsideration en banc denied.

ELSA ALCALA, Justice, concurring.

This case is about a picturesque cover placed over an existing bridge on private land. Long ago, appellant, Brookshire Katy Drainage District ("the District"), constructed a drainage canal across the land pursuant to an express easement with prior landowners. Around that time, the District built the bridge across the canal. Appellees, Lily Gardens, LLC, Richard E. Flueckiger, and Kenneth B....

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