[Download] "Bexar Metropolitan Water District V. City Of Bulverde" by Third District, at Austin Texas Court of Appeals * eBook PDF Kindle ePub Free

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eBook details

• Title: Bexar Metropolitan Water District V. City Of Bulverde
• Author : Third District, at Austin Texas Court of Appeals
• Release Date : January 18, 2004
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 77 KB

Description

The City of Bulverde ("Bulverde") and the Guadalupe-Blanco River Authority ("GBRA") sought declaratory judgments in the Comal County District Court. They asked the trial court to determine Bexar Metropolitan Water District's ("BexarMet") boundaries, to determine if BexarMet can provide water-utility services outside its boundaries, and to determine whether BexarMet has the authority to expand its territory outside of the boundaries defined in BexarMet's enabling act. In response, BexarMet filed a plea to the jurisdiction arguing that the district court did not have subject-matter jurisdiction over the controversy in question. The district court denied BexarMet's plea to the jurisdiction, and BexarMet appeals that decision. See Tex. Civ. Prac. & Rem. Code Ann. § 51.014(a) (West Supp. 2004-05). On appeal, BexarMet contends that the Texas Water Code prohibits Bulverde and GBRA from contesting its boundaries, that Bulverde and GBRA do not have standing to file the claims in question, that the Texas Commission on Environmental Quality ("the Commission") has exclusive and primary jurisdiction over the claims in question, and that GBRA cannot bring a cause of action under the Uniform Declaratory Judgment Act ("UDJA") because it does not qualify as a "person" entitled to bring the suit. We will affirm the district court's denial of BexarMet's plea to the jurisdiction.

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