Texas Supreme Court

Southwestern Bell Telephone, L.p. D/b/a At&t Texas v. Ed Emmett, El Franco Lee, Jack Morman, Steve Radack, and R…

March 20, 201558 Tex. Sup. Ct. J. 567

Summary

The Texas Supreme Court held that the Harris County Flood Control District must bear the costs of relocating AT&T's utilities because the District's exercise of its flood‑control powers made the relocation necessary under Texas Water Code § 49.223, and that the Commissioners’ plea to jurisdiction was improper, granting the trial court jurisdiction. The Court affirmed the summary‑judgment ruling for the City official but reversed the appellate court’s judgment in favor of the District and remanded for further proceedings.