Crownhill Homes, Inc. v. City of San Antonio

I respectfully dissent.

I would hold as follows: That the Water Board regulations which require a developer or new customer to convey water mains to the city-owned utility without compensation or promise of reimbursement as a condition of securing water service in the City’s monopoly area are invalid and unenforceable; that the Water Board in prescribing regulations concerning “on-site” mains acts in an administrative capacity relating to a proprietary function and not in the exersice of a governmental function; that whether a proprietary or governmental function is exercised by the Board in…