PROFESSIONAL QUALIFICATIONS

Admitted to bar, 1982, Texas.

Education: Texas Lutheran College (B.A., History, summa cum laude, 1979); University of Texas (J.D., with honors, 1981). Order of the Coif; Chancellors. Member: Texas Law Review, 1980-1981.

REPRESENTATIVE EXPERIENCE

• Defended water district in lawsuit involving wholesale water supply contracts.  Trial court’s dismissal on governmental immunity grounds was affirmed on appeal.  Multi-County Water Supply Corp. v. City of Hamilton, 321 S.W.3d 905 (Tex. App.—Houston [14th Dist.] 2010, pet. denied).
• Defended river authority in lawsuit seeking over $1.23 billion in damages for breach of contract to study and implement water project.
• Defended water district in trespass-to-try-title case involving right to possession of dams and conveyance facilities.
• Represented industrial customer in lawsuit alleging that river authority had breached customer’s water supply contract, and in negotiation of new water supply contract to resolve dispute.
• Represented landowner in purchasing, selling and amending permits for more than 4,000 acre-feet of surface water rights in the lower Rio Grande.
• Filed amicus brief at Texas Supreme Court on behalf of landowner affected by groundwater conservation district rules relating to historic use and transfer permits.  Guitar Holding Co., L.P. v. Hudspeth County Underground Water Conservation District No. 1, 263 S.W.3d 910 (Tex. 2008).
• Represented landowner in negotiation of development agreement consenting to the creation of three municipal utility districts and of additional agreements to provide wholesale water and wastewater service to more than 1,500 acres of single-family and commercial development.
• Represented landowner in negotiation of agreement with municipal utility district settling outstanding reimbursement and fee disputes and providing for approval of issuance of $24.5 million in bonds to reimbursement landowner for water, sewer and drainage facilities constructed to serve 415-acre defined area within the district.
• Defended landowner and municipal utility district in challenge to the validity of the statute creating the district.  Appellate courts upheld trial court’s judgment that the district was validity created and its award of attorney’s fees.  Sweetwater Austin Properties, L.L.C. v. SOS Alliance, Inc., 299 S.W.3d 879 (Tex. App.—Austin 2009, pet. denied); Save Our Springs Alliance, Inc. v. Lazy Nine Municipal Utility District, 198 S.W.3d 300 (Tex. App. – Texarkana 2006, pet. denied).
• Represented landowners in challenge to city stormwater development fee, which resulted in an appellate opinion that fee was invalid.  Greater New Braunfels Home Builders Association v .City of New Braunfels, 240 S.W.3d 302 (Tex. App. – Austin 2007, pet. denied).
• Participated in representation of workers’ compensation insurers in litigation involving regulation of payments to health care providers and other issues.  See, e.g., Texas Mutual Insurance Co. v. Vista Community Medical Center, LLP, 275 S.W.3d 538 (Tex. App.—Austin 2008, pet. denied); Texas Mutual Insurance Co. v. Texas Department of Insurance, 214 S.W.3d 613 (Tex. App.—Austin 2006, no pet.); Texas Workers’ Compensation Commission v. East Side Surgical Center, 142 S.W.3d 541 (Tex. App.—Austin 2004, no pet.).
• Participated in representation of property insurer in successful challenges to Texas Department of Insurance rate orders.  See, e.g., State Farm Lloyds v. Geeslin, 267 S.W.3d 438 (Tex. App.—Austin 2008, no pet.).
• Participated in representation of electric utilities in challenges to Public Utility Commission rules and orders.  See, e.g., Public Utility Commission v. City Public Service Board of San Antonio, 53 S.W.3d 310 (Tex. 2001); City of Corpus Christi v. Public Utility Commission, 51 S.W.3d 231 (Tex. 2001); State v. Public Utility Commission, 883 S.W.2d 190 (Tex. 1994).

PROFESSIONAL AFFILIATIONS

Member: Austin Bar Association (Administrative Law Section); American Bar Association (Administrative Law and Regulatory Practice Section; Public Utility, Communications and Transportation Law Section); State Bar of Texas (Administrative Law Section and Public Utility Law Section); Austin Young Lawyers Association.

AWARDS AND HONORS

• Listed in The Best Lawyers in America® published by Woodward/White, Inc., Water Law, 2008 - 2011
• Distinguished Alumni Award, Texas Lutheran University

COMMUNITY

• Board of Regents Chair, Texas Lutheran University
• Former Board Member, Big Brothers Big Sisters of Central Texas, Inc.