Texas Supreme Court

Southern Canal Company v. State Board of Water Engineers

December 3, 1958159 Tex. 227

Summary

The Texas Supreme Court held that Section 13 of Article 7477, which mandated a strictly de novo trial of Board orders, is unconstitutional and void, but Section 12, which provides a right of judicial review, is severable and remains valid, allowing review of the Board's order under the substantial‑evidence rule. The Court affirmed the Court of Civil Appeals' reversal of the trial court's dismissal.