Case Information
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MOORMAN TATE HALEY UPCHURCH &; YATES, LLP
R. HAL MOORMAN STEVEN C. HALEY LAURA UPCHURCH WENDY YATES
ANDREW J. HEFFERLY CHRISTOPHER S. HARDY
ATTORNEYS AT LAW 207 EAST MAIN STREET BRENHAM, TEXAS 77833 P.O. BOX 1808 BRENHAM, TEXAS 77834-1808 (979) 836-5664
FAX (979) 830-0913 WWW.BH007BARIJIE.COM
FILED IN 4th COURTAGE;APPEALS EST/SAN/ANTONIO; TEXAS CTOL DIAL LAW TEXAS 060420/2015/3/20:33:ANN GEOBOX01101:Exid03/11:3111 MILTON Y. STREYW. (RETIRED)
July 28, 2015
Fourth Court of Appeals Cadena-Reeves Justice Center 300 Dolorosa, Ste. 3200 San Antonio, Texas 78205-3037 RE: El Caballero Ranch, Inc. and Laredo Marine, L.L.C. v. Grace River Ranch, LLC; No. 04-15-00127CV, Judicial District, San Antonio, Texas
Dear Justices of the Fourth Court of Appeals:
By way of supplement of the Brief of Appellee filed herein, Grace River Ranch, LLC provides the following citations and succinct comment by way of additional authority:
La Salle County Not an Indispensable Party
Appellants suggest (without authority) that an injunction against Appellants interference with a public road was improper absent joinder of La Salle County as a party.
A county has no proprietary interest in public roads dedicated to the public. City of Mission v. Popplewell, 294 S.W.2d 712, 715 (Tex. 1956); Hicks v. City of Houston, 524 S.W.2d 539, 545 (Tex. Civ. App. - Houston [1 Dist.] 1975, writ ref'd.
*2 The county is only a trustee of the public in such roads of the public interest may require. City of Mission v. Popplewell, supra at 715; Hicks v. City of Houston, supra at 545. It is not necessary that the public entity so charged as trustee with regulating and controlling a public road belonging to the public be sued as agent for the public or as trustee for the public in order for the existence of a public easement can be put
cc: Annalyn G. Smith Schmoyer Rethhard, LLP 17806 I-10W, Ste. 400 San Antonio, Texas 78257 E-mail: asmith@ar-llp.com Kimberly S. Keller Keller Stolarczyk PLLC 234 West Bandera Road, No. 120 Boerne, Texas 78006 E-mail: kim@kellsto.com
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