Judith Elaine Carroll Koch, Independent Executrix of the Estate of Mary Margaret Robinson Booth a/k/a Molly Booth v. Texas General Land Office--Appeal from 200th District Court of Travis County

State: Texas

Court: Texas Northern District Court

Docket No: 03-07-00108-CV

Case Date: 12/19/2008

Plaintiff: Judith Elaine Carroll Koch, Independent Executrix of the Estate of Mary Margaret Robinson Booth a/k/

Defendant: Texas General Land Office--Appeal from 200th District Court of Travis County

Preview:NO. 03-07-00108-CV
Judith Elaine Carroll Koch, Independent Executrix of the Estate of
Mary Margaret Robinson Booth a/k/a Molly Booth, Appellant
v.
Texas General Land Office, Appellee

FROM THE DISTRICT COURT OF TRAVIS COUNTY, 200TH JUDICIAL DISTRICT
NO. D-1-GN-04-003966, HONORABLE SCOTT H. JENKINS, JUDGE PRESIDING

O P I N I O N
This is an appeal from a district court order granting a plea to the jurisdiction based on sovereign immunity. The case concerns a piece of real property. Appellant Judith Elaine Carroll Koch is the surface owner of the property, and appellee Texas General Land Office (GLO) owns the mineral estate. The GLO removed limestone from the property without providing compensation to Koch under the claim that the limestone was a part of the mineral estate. Koch sought a declaratory judgment that the mineral estate does not include the limestone, and that the GLO

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