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CITY OF NEW BRAUNFELS v. CAROWEST LAND

No. 03-11-00699-CV.

432 S.W.3d 501 (2014)

CITY OF NEW BRAUNFELS, Texas, Appellant v. CAROWEST LAND, LTD., Appellee.

Court of Appeals of Texas, Austin.

April 30, 2014.

Attorney(s) appearing for the Case

Adolfo Ruiz , McKamie Krueger, L.L.P., William M. McKamie , McKamie, Kruger & Knight, L.L.P., San Antonio, TX, Michael B. Smithers , Donald J. Jemela , Smithers & Jamela, New Braunfels, TX, J. Frank Onion, III , Assistant City Attorney, Valeria Acevedo , City Attorney's Office, Canyon Lake, TX, for Appellant.

Ryan G. Anderson , Mark R. Murphy , Jason M. Davis , The Davis Group Attorneys & Counselors, PC, San Antonio, TX, for Appellee.

Before Justices PURYEAR, PEMBERTON, and HENSON.

OPINION

BOB PEMBERTON, Justice.

The City of New Braunfels appeals a district court order denying a plea to the jurisdiction it has asserted in a suit brought against it by a local property owner, Carowest Land, Ltd. (Carowest).1 We will affirm the district court's order in part and reverse in part.

BACKGROUND

Although the rivers flowing through New Braunfels are renowned for their scenic beauty and sometimes...

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