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TEXAS MUNICIPAL POWER AGENCY v. JOHNSTON

No. 01-12-00873-CV.

405 S.W.3d 776 (2013)

TEXAS MUNICIPAL POWER AGENCY, Appellant v. Kirk A. JOHNSTON, Appellee.

Court of Appeals of Texas, Houston (1st Dist.).

February 28, 2013.

Attorney(s) appearing for the Case

Carey Charles Dippel , Frederick D. Junkin , Andrews & Kurth, L.L.P., Houston, TX, for Appellant.

Daniel P. Meanor , Karl C. Hoppess , Karl C. Hoppess & Associates, P.C., Houston, TX, for Appellee.

Panel consists of Justices KEYES, SHARP, and HUDDLE.

OPINION

EVELYN V. KEYES, Justice.

Kirk A. Johnston sought temporary and permanent injunctive relief against the Texas Municipal Power Agency ("TMPA") to prohibit TMPA from, among other things, entering onto his property to conduct surveys and inspections and attempting to condemn a portion of his property. TMPA filed a plea to the jurisdiction, and the trial court denied the plea. In two issues, TMPA contends...

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