Lower Colorado River Authority v. City of San Marcos

523 S.W.2d 641 (1975)

LOWER COLORADO RIVER AUTHORITY, Petitioner,

v.

CITY OF SAN MARCOS, Texas, Respondent.

No. B-4663.

Supreme Court of Texas.

May 7, 1975.

Small, Craig & Werkenthin, C. C. Small, Jr. and Lawrence S. Smith, Austin, for petitioner.

McGinnis, Lochridge & Kilgore, James W. Wilson, Austin, for respondent.

WALKER, Justice.

The opinion delivered in this case on December 11, 1974, is withdrawn, and the following is substituted therefor:

This suit was brought by the City of San Marcos against the Lower Colorado River Authority to obtain: (1) a judgment declaring that San Marcos has power to…