L.S. Ranch, Ltd.; Circle C Land Corp.; Phoenix Holdings, Ltd.; Eleven Castle Management

Appellees L.S. Ranch, Ltd. and Circle C Land Corp. filed a declaratory judgment action on October 31, 1997, seeking a declaration that their designation, pursuant to section 26.179 of the Texas Water Code, of certain land owned by them as the Bear Water Quality Protection Zone was valid. The other appellees intervened, seeking similar declarations with respect to the Slaughter Water Quality Protection Zone. The City of Austin opposed the declaratory judgment actions, arguing that Water Code section 26.179 is unconstitutional or, in the alternative, that the zones in question were not validly created because appellees failed to comply with the section's requirements.

The trial court granted summary judgment in favor of the appellees, finding that section 26.179 is constitutional and that appellees' designations of the Bear and Slaughter Water Quality Protection Zones were in compliance with the law. The City of Austin appealed. Pursuant to the Texas Supreme Court's decision in FM Properties Operating Company, et al. v. The City of Austin, No. 98-0685 (June 15, 2000), in which the court struck down Water Code section 26.179 as an unconstitutional delegation of legislative power to private landowners, we reverse the judgment of the district court and render judgment in favor of the City of Austin.

Jan P. Patterson, Justice

Before Justices Jones, Yeakel and Patterson

Reversed and Rendered

Filed: June 22, 2000

Do Not Publish

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L.S. Ranch, Ltd.; Circle C Land Corp.; Phoenix Holdings, Ltd.; Eleven Castle Management

Appellees L.S. Ranch, Ltd. and Circle C Land Corp. filed a declaratory judgment action on October 31, 1997, seeking a declaration that their designation, pursuant to section 26.179 of the Texas Water Code, of certain land owned by them as the Bear Water Quality Protection Zone was valid. The other appellees intervened, seeking similar declarations with respect to the Slaughter Water Quality Protection Zone. The City of Austin opposed the declaratory judgment actions, arguing that Water Code section 26.179 is unconstitutional or, in the alternative, that the zones in question were not validly created because appellees failed to comply with the section's requirements.

The trial court granted summary judgment in favor of the appellees, finding that section 26.179 is constitutional and that appellees' designations of the Bear and Slaughter Water Quality Protection Zones were in compliance with the law. The City of Austin appealed. Pursuant to the Texas Supreme Court's decision in FM Properties Operating Company, et al. v. The City of Austin, No. 98-0685 (June 15, 2000), in which the court struck down Water Code section 26.179 as an unconstitutional delegation of legislative power to private landowners, we reverse the judgment of the district court and render judgment in favor of the City of Austin.

Jan P. Patterson, Justice

Before Justices Jones, Yeakel and Patterson

Reversed and Rendered

File