Legal Opinion

Edwards Aquifer Authority v. Bragg

Texas Court of Appeals, 4th District (San Antonio)

Decided March 20, 2000No. 04-99-00059-CVPublishedCited by 15 opinions

1Opinion of the Court

OPINION

Opinion by:

SARAH B. DUNCAN, Justice.

The Edwards Aquifer Authority and its general manager, Gregory Ellis, appeal the trial court’s judgment declaring certain of the EAA’s actions and proposed actions void because the EAA failed to perform “takings impact assessments” pursuant to the Private Real Property Rights Preservation Act. We hold the trial court did not have jurisdiction to invalidate the EAA’s proposed actions, and it erred in concluding the EAA was required to perform takings impact assessments before promulgating rules and proposing action on the Braggs’ permit applications.…

2Cases cited12 opinions

  1. Mayhew v. Town of SunnyvaleTexas Supreme Court · 1998
  2. Barshop v. Medina County Underground Water Conservation DistrictTexas Supreme Court · 1996
  3. Albertson's, Inc. v. SinclairTexas Supreme Court · 1999
  4. Mitchell Energy Corp. v. AshworthTexas Supreme Court · 1997
  5. Clear Lake City Water Authority v. Clear Lake Utilities Co.Texas Supreme Court · 1977

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3Cited by15 opinions

  1. Bragg v. Edwards Aquifer AuthorityTexas Supreme Court · 2002
  2. The Edwards Aquifer Authority and the State of Texas v. Burrell Day and Joel McDanielTexas Supreme Court · 2012
  3. Paul v. Merrill Lynch Trust Co. of Texas, Texas Court of Appeals, 10th District (Waco)2005
  4. Rea v. State, Texas Court of Appeals, 3rd District (Austin)2009
  5. American Southwest Insurance Managers, Inc. and Old American County Mutual Fire Insurance Company v. Texas Department of Insurance and Mike Geeslin, Individually and in His Official Capacity as Texas Commissioner of Insurance, Texas Court of Appeals, 3rd District (Austin)2010

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