Brookshire Katy Drainage District v. the Lily Gardens, LLC, Richard E. Fluecker and Kenneth B. Luedecke

Opinion issued February 25, 2011

In The

Court of Appeals

For The

First District of Texas

————————————

NO. 01-07-00431-CV

———————————

Brookshire Katy Drainage District, Appellant

V

The Lily Gardens, LLC, Richard E. Flueckiger and Kenneth B. Luedecke, Appellees

On Appeal from the 9th District Court

Waller County, Texas

Trial Court Case No. 06-08-18415

CONCURRING OPINION ON DENIAL OF EN BANC CONSIDERATION

This case is about a picturesque cover placed over an existing bridge on private land. Long ago, appellant, Brookshire Katy Drainage District (“the District”), constructed a drainage canal across the land…