Brookshire Katy Drainage District v. Lily Gardens, LLC

EVELYN V. KEYES, Justice.

I respectfully dissent from denial of en banc reconsideration of the panel majority opinion on rehearing issued on September 10, 2010. I agree with the reasoning in Judge Wilson’s dissent from the September 10, 2010 panel majority opinion and would have joined his original opinion, issued December 22, 2009, which was withdrawn and vacated by the later opinion. I also join Justice Jennings’ dissent from denial of en banc reconsideration.

*670This summary judgment case has generated two diametrically opposed opinions and three dissents. The first opinion (the December 22,…