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City of Celina v. Dynavest Joint Venture

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OPINION

The City of Celina and the Texas Commission on Environmental Quality (“TCEQ”) challenge the trial court’s denial of portions of their pleas to the jurisdiction. Appellants contend that the trial court lacks jurisdiction over Dynavest Joint Venture’s petition for a declaratory judgment because the petition is an impermissible collateral attack based on a statute that does not apply to the TCEQ’s action. We affirm the challenged portions of the district court’s order.

The City of Celina filed an application with the TCEQ on September 2, 2003, seeking amendment of its certificate of convenience and necessity to expand the area in which the City could supply water. On January 5, 2006, the TCEQ granted the application. The expanded service area encompasses land outside the City’s extraterritorial jurisdiction, including Dynavest’s property.

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