Larry Koch, Inc. v. Texas Natural Resource Conservation Commission
Texas Court of Appeals, 3rd District (Austin)
1Opinion of the Court
POWERS, Justice.
Larry Koch appeals from a trial-court judgment that dismisses, for want of subject-matter jurisdiction, his actions against the Texas Natural Resource Conservation Commission (TNRCC). We will reverse the judgment and remand the cause to the trial court.
THE CONTROVERSY
We will summarize the allegations in Koch’s petition and accept them as true for the purpose of testing the trial court’s subject-matter jurisdiction. See Bernard Hanyard Enters. v. McBeath, 663 S.W.2d 639, 642 (Tex.App.—Austin 1983, writ ref d n.r.e.).
Some 3,000 wells take water from the Gulf Coast Aquifer for a…
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