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MONT BELVIEU CAVERNS, LLC v. TCEQ.

No. 03-11-00442-CV.

382 S.W.3d 472 (2012)

MONT BELVIEU CAVERNS, LLC, Appellant v. TEXAS COMMISSION ON ENVIRONMENTAL QUALITY; and Zak Covar, Successor to Mark R. Vickery, Executive Director of the Texas Commission on Environmental Quality, Appellees.

Court of Appeals of Texas, Austin.

August 3, 2012.

Attorney(s) appearing for the Case

Rosemarie Kanusky , Eward Kliewer, III , Fulbright & Jaworski, L.L.P., San Antonio, TX, Paul Trahan , Fulbright & Jaworski, L.L.P., Austin, TX, for Appellant.

Anthony C. Grigsby , Assistant Attorney General, Environmental Protection & Administrative Law Division, Austin, TX, for Appellees.

Before Chief Justice JONES, Justices PEMBERTON and ROSE.

OPINION

BOB PEMBERTON, Justice.

Mont Belvieu Caverns, LLC, appeals a final summary judgment that it take nothing in a suit for judicial review of a Texas Commission on Environmental Quality (TCEQ) order determining that a new brine-pond system Mont Belvieu had installed at one of its facilities did not qualify for the "pollution control property" tax exemption. See Tex. Tax Code Ann. § 11.31 (West Supp.2011).1

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