Willliamson v. Guadalupe County GCD, 343 F.Supp.2d 580 (2004)
Aug 01, 2003OUTCOME: Case settled, with permits issued to applicants
Case was initiated on November 7, 2003, when plaintiffs Howard C. Williamson, III, Janice S. Williamson, Lawrence A. Norman, Kelli Jo Norman (at times referred to as "individual plaintiffs") and Bexar ... Metropolitan Water District ("BexarMet") (collectively referred to as "plaintiffs") filed a complaint against defendant Guadalupe County Groundwater Conservation District's ("GCGCD") concerning, in general, GCGCD's denial of certain groundwater withdrawal permit applications which would have allowed the Williamsons and the Normans, who own a 4,511.24 acre tract of land known as the "Wells Ranch," to withdraw percolating groundwater from the Carrizo and Wilcox aquifers. More specifically, plaintiffs allege that (a) on February 13, 2003, plaintiff filed an application for groundwater withdrawal with GCGCD, later supplemented, which was denied initially on May 8, 2003 and on rehearing on August 25, 2003; and (b) on April 8, 2003, plaintiffs filed a second set of nine applications for groundwater withdrawal with GCGCD, later supplemented, which GCGCD denied initially on July 28, 2003, and on rehearing on October 9, 2003. Plaintiffs' complaint alleges six causes of action based on GCGCD's alleged wrongful denial of their applications. The first cause of action seeks a de novo review of GCGCD's denial of plaintiffs' second set of nine applications. The second cause of action is described as an "appeal of administrative denial" of the second set of nine applications. The third cause of action alleges violations of the Fifth Amendment of the United States Constitution and Article I, Section 17 of the Texas Constitution based on an uncompensated taking when each of plaintiffs' ten applications were denied. The fourth cause of action alleges violations of the Equal Protection Clause of the Fourteenth Amendment of the United States Constitution and Article I, Section III of the Texas Constitution based on a denial of equal protection when each of plaintiffs' ten applications were denied. The fifth cause of action alleges a violation of substantive due process in violation of the Fourteenth Amendment to the United States Constitution when each of plaintiffs' ten applications were denied.[The sixth cause of action alleges a violation of Title 42, United States Code, Section 1983 concerning each of plaintiffs' ten applications, alleging a violation of the individual plaintiffs' previously alleged rights guaranteed by the Fifth and Fourteenth Amendments to the United States Constitution under color of state law. Plaintiffs request the issuance of a declaratory judgment to declare: "the administrative denial of Plaintiffs' well permit applications null and void;" "a violation of Plaintiffs' rights under the Fifth Amendment of the U.S. Constitution, and Art. I, Section 17 of the Texas Constitution;" "a violation of Plaintiffs' rights under the Fourteenth Amendment of the U.S. Constitution, and Art. I, Section III of the Texas Constitution;" "a violation of Plaintiffs' rights to substantive due process as guaranteed by the Fourteenth Amendment of the U.S. Constitution;" and "the rights of the parties by Final Decree." Plaintiffs also ask 586*586 for a decision to "[r]everse the administrative denial of Plaintiffs' well permit applications and remand with instructions" and to "[f]ind a violation of 42 U.S.C. § 1983, acting under color of law." Plaintiffs request an "award of damages, attorneys' fees and costs of courts to Plaintiffs."[Further, plaintiffs request "any further remedies and relief at law or in equity, to which Plaintiffs may show themselves entitled."[Finally, plaintiffs request expedited consideration pursuant to Texas Water Code § 36.252 and demand a trial by jury.
