Legal Opinion

City of Heath v. Duncan

Texas Court of Appeals, 5th District (Dallas)

Decided January 13, 2005No. 05-03-00434-CVPublishedCited by 7 opinions

1Opinion of the Court

OPINION

Opinion by

Chief Justice THOMAS.

This case involves a dispute over the City of Heath’s plans to build a water tower in a residential subdivision. The thirteen appellees (Property Owners) own property in the subdivision. On interlocutory appeal, the City challenges the trial court’s denial of its motion to dismiss the case for want of jurisdiction. See Tex. Civ. PRAC. & Rem.Code Ann. § 51.014(a)(8) (Vernon Supp.2004-05). For reasons set forth below, we affirm the trial court’s order.

FACTUAL BACKGROUND

Both the Property Owners and the City owned lots in a residential subdivision which was…

2Cases cited14 opinions

  1. Texas Ass'n of Business v. Texas Air Control BoardTexas Supreme Court · 1993
  2. Bland Independent School District v. BlueTexas Supreme Court · 2000
  3. Mayhew v. Town of SunnyvaleTexas Supreme Court · 1998
  4. County of Cameron v. BrownTexas Supreme Court · 2002
  5. Williams v. LaraTexas Supreme Court · 2001

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3Cited by7 opinions

  1. HSBC Bank USA, N.A. v. WatsonCourt of Appeals of Texas · 2012
  2. Country Community Timberlake Village, L.P. v. HMW Special Utility District of HarrisCourt of Appeals of Texas · 2014
  3. Teal Trading and Development, LP v. Champee Springs Ranches Property Owners Association, Texas Court of Appeals, 4th District (San Antonio)2014
  4. Country Community Timberlake Village, L.P., Charles and Judith Cayley, Dennis and Tiffany Dillard, Jim and Tina Dillard, Todd and Samantha Downing,Kenneth and Penny Edwards, Stewart and Kelli Guss Rick and Donna Hawrylak, Leonard and Robbie Higgins,et Al v. HMW Special Utility District of Harris and Montgomery Counties, Texas Court of Appeals, 1st District (Houston)2014
  5. Steve Frey and Lisa Frey v. CST Properties, LLC, Texas Court of Appeals, 4th District (San Antonio)2014

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