SOUTHWESTERN BELL TELEPHONE, L.P. v. EMMETT

No. 13-0584.

459 S.W.3d 578 (2015)

SOUTHWESTERN BELL TELEPHONE, L.P. d/b/a AT&T Texas, Petitioner, v. ED EMMETT, El Franco Lee, Jack Morman, Steve Radack, and R. Jack Cagle, as Members of the Harris County Commissioners' Court; Michael Marcotte, as Director of the City of Houston Department of Public Works and Engineering; and City of Houston, Respondents.

Supreme Court of Texas.

OPINION DELIVERED: March 20, 2015.


Attorney(s) appearing for the Case

Allen H. Rustay , Hicks Thomas LLP, Houston, Elizabeth Kay Ferrell , Bellaire, Gregg C. Laswell , J. Stephen Barrick , Hicks Thomas LLP, Houston, Lennon G. Briley Jr. , San Antonio , Macey Reasoner Stokes , Michelle Stratton , Baker Botts L.L.P., Houston, Paul A. Drummond , San Antonio , Richard M. Parr , Shira R. Yoshor , Baker & Botts, Dallas, for Petitioner Southwestern Bell Telephone, L.P. d/b/a AT & T Texas.

Bruce S. Powers , Vincent Reed Ryan Jr. , Harris County Attorney's Office, Houston, for Respondents Ed Emmett, El Franco Lee, Jack Morman, Steve Radack, and R. Jack Cagle, as Members of the Harris County Commissioners' Court.

Constance H. Pfeiffer , David J. Beck , Beck Redden LLP, David M. Feldman , City of Houston Legal Department, Geoffrey Alan Gannaway , Beck Redden, LLP, Hope E. Hammill-Reh , City of Houston Legal Dept., Laura Cahill , Harris County Attorney's Office, Houston, Laura Nicole White , Malinda York Crouch, Sr . Assistant City Attorney, for Respondent Michael Marcotte, as Director of the City of Houston Department of Public Works and Engineering, and the City of Houston.


Southwestern Bell Telephone, L.P. doing business as AT & T Texas (AT & T), a public utility company with facilities attached to a city bridge designated to be demolished, sought a declaratory judgment that the Harris County Flood Control District...

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