Gilbert v. City of El Paso

OPINION

DAVID WELLINGTON CHEW, Chief Justice.

Appellant, Mr. Ray E. Gilbert, Jr. (“Mr. Gilbert”) appeals the trial court’s grant of the City of El Paso (“the City”) and El Paso Water Utilities Public Service Board’s (“the PSB”) motion for summary judgment, the denial of his motion for summary judgment, and the court’s entering a declaratory judgment in favor of the City and the Board.

Mr. Gilbert is a resident of El Paso County, Texas, and a “user” under Section 402.044(9) of the Municipal Drainage Utility Systems Act and owner/occupier of ben-efitted property as defined by Section 402.044(1)(A)…