Brookshire Katy Drainage District v. the Lily Gardens, LLC, Richard E. Fluecker and Kenneth B. Luedecke

Opinion issued February 25, 2011

In The

Court of Appeals

For The

First District of Texas

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NO. 01-07-00431-CV

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Brookshire Katy Drainage District, Appellant

V

The Lily Gardens, LLC, Richard E. Flueckiger and Kenneth B. Luedecke, Appellees

On Appeal from the 9th District Court

Waller County, Texas

Trial Court Case No. 06-08-18415

OPINION CONCURRING IN

THE DENIAL OF EN BANC RECONSIDERATION

I concur in the denial of en banc reconsideration. We are constrained to review the outcome of the actual proceedings in the trial court, where the District brought an action to enforce its easement…