Southwestern Bell Telephone, L.P. v. Ballenger Construction Co.

OPINION

Opinion by

Justice RODRIGUEZ.

This is an appeal from a summary judgment granted in a declaratory judgment action. By a single issue, SBC contends that the trial court erred in holding that it must relocate its underground facilities that are the subject of a standard Texas Department of Transportation (TxDOT) permit within 100-days’ notice from TxDOT. We vacate the summary judgment and dismiss the appeal for want of jurisdiction.

I. Background

SBC has underground telecommunications facilities in the public rights-of-way along Texas highways in the Rio Grande Valley. See Tex. Util.Code Ann.…