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HERITAGE ON SAN GABRIEL HOMEOWNERS v. TCEQ

No. 03-11-00129-CV.

393 S.W.3d 417 (2012)

HERITAGE ON the SAN GABRIEL HOMEOWNERS ASSOCIATION; Hutto Citizens Group; Mount Hutto Aware Citizens; Mahlon Arnett; Robbi Arnett; TJFA, L.P.; and Jonah Water S.U.D., Appellants v. TEXAS COMMISSION ON ENVIRONMENTAL QUALITY and Williamson County, Texas, Appellees.

Court of Appeals of Texas, Austin.

December 28, 2012.

Attorney(s) appearing for the Case

James A. Hemphill , Graves, Dougherty, Hearon & Moody, P.C., Marisa Perales , Lowerre, Frederick, Perales, Allmon & Rockwell, Austin, TX, Lawrence G. Dunbar , Dunbar Harder, P.L.L.C., James E. Bradley , Bradley Law Firm, Houston, TX, for appellant.

Nancy Elizabeth Olinger , Assistant Attorney General, Environmental Protection Division, Bryan J. Moore , Beveridge & Diamond, P.C., Austin, TX, R. Mark Dietz , Dietz & Jarrard, P.C., Round Rock, TX, for appellee.

Before Chief Justice JONES, Justices PEMBERTON and HENSON.

OPINION

DIANE M. HENSON, Justice.

We withdraw the opinion and judgment dated July 31, 2012, and substitute the following opinion and judgment in their place. We deny appellants' motion for rehearing.

Appellants, Heritage on the San Gabriel Homeowners Association, Hutto Citizens Group, Mount Hutto Aware Citizens, Mahlon Arnett, Robbi Arnett, TJFA, L.P., and Jonah Water S.U.D. (collectively, the "Hutto landowners"), challenge the district court...

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