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Texas Commission on Environmental Quality and Vulcan Construction Materials, LLC v. Friends of Dry Comal Creek, Stop 3009 Vulcan Quarry, Jeffrey Reeh, Terry Olson, Mike Olson, and Comal Independent School District

Citation: Not availableDocket: 03-21-00204-CV

Court: Court of Appeals of Texas; September 29, 2022; Texas; State Appellate Court

Original Court Document: View Document

Narrative Opinion Summary

The Texas Court of Appeals, Third District, rendered a judgment on September 29, 2022, in the case involving the Texas Commission on Environmental Quality and Vulcan Construction Materials LLC as appellants against Friends of Dry Comal Creek and others as appellees. The appeal stemmed from a trial court judgment issued on April 1, 2021. The appellate court found reversible error in the trial court's judgment, leading to the reversal of that judgment. The court affirmed the order made by the Commissioners on November 21, 2019. Additionally, the court ordered the appellees to bear all costs associated with the appeal in both the appellate court and the trial court.

Legal Issues Addressed

Affirmation of Administrative Order

Application: The appellate court affirmed the order made by the Commissioners, indicating its agreement with the administrative decision.

Reasoning: The court affirmed the order made by the Commissioners on November 21, 2019.

Allocation of Appeal Costs

Application: The appellate court ordered that the appellees bear all costs associated with the appeal, both at the appellate and trial court levels.

Reasoning: Additionally, the court ordered the appellees to bear all costs associated with the appeal in both the appellate court and the trial court.

Reversible Error in Trial Court Judgment

Application: The appellate court identified a reversible error in the trial court's judgment, which warranted the reversal of that judgment.

Reasoning: The appellate court found reversible error in the trial court's judgment, leading to the reversal of that judgment.