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TEXAS PARKS & WILDLIFE v. SAWYER TRUST

No. 07-0945.

354 S.W.3d 384 (2011)

TEXAS PARKS AND WILDLIFE DEPARTMENT, Petitioner, v. The SAWYER TRUST, Respondent.

Supreme Court of Texas.

Decided August 26, 2011.

Attorney(s) appearing for the Case

Greg W. Abbott , Attorney General of Texas, Kent C. Sullivan , 14th Court of Appeals, Jeffrey L. Rose , Attorney General of Texas, Karen Watson Kornell , Office of the Attorney General of Texas, Liz Bills , David Preister , Office of the Attorney General, Kristofer S. Monson , Assistant Solicitor General, Austin, TX, for Texas Parks and Wildlife Department.

Jody G. Sheets , Law Office of Jody Sheets, Dallas, TX, for The Sawyer Trust.

William F. Warnick , Texas General Land Office, Austin, TX, for Amicus Curiae Texas General Land Office.

Justice JOHNSON delivered the opinion of the Court, in which Chief Justice JEFFERSON, Justice WAINWRIGHT, Justice MEDINA, Justice GREEN, Justice WILLETT, Justice GUZMAN, and Justice LEHRMANN joined.

This appeal involves the issue of whether the trial court had jurisdiction over a claim against the Texas Parks and Wildlife Department to determine whether the Salt Fork of the Red River is navigable. The Sawyer Trust sued the Department for a declaratory judgment that...

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