GG Ranch, Limited, et al v. Edwards Aquifer Author, No. 15-50505 (5th Cir. 2016)

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Case: 15-50505 Document: 00513494308 Page: 1 Date Filed: 05/05/2016 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED No. 15-50505 May 5, 2016 Lyle W. Cayce Clerk GG RANCH, LIMITED; HORTON RANCHES, INCORPORATED; LLOYD TSCHIRHART; DANCY TSCHIRHART; EAKIN RANCHES, LIMITED; RUSTY ULBRICH, Plaintiffs - Appellants v. EDWARDS AQUIFER AUTHORITY; ROLANDO RUIZ, in his official capacity as general manager; CITY OF SAN ANTONIO, Acting by and through the San Antonio Water System (SAWS), Defendants - Appellees Appeal from the United States District Court for the Western District of Texas USDC No. 5:14-CV-848 Before HIGGINBOTHAM, PRADO, and GRAVES, Circuit Judges. PER CURIAM:* Appellants, owners of certain real property located above the Edwards Aquifer in Medina and Uvalde Counties, Texas, sued the state regulatory agency in charge of the Aquifer, the Edwards Aquifer Authority, alleging Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4. * Case: 15-50505 Document: 00513494308 Page: 2 Date Filed: 05/05/2016 No. 15-50505 violations under the Fifth and Fourteenth Amendments to the United States Constitution and Article 1, § 17 of the Texas Constitution. Appellants’ suit followed the Authority’s denial of their untimely applications for withdrawal permits for their properties. The district court, pursuant to Federal Rule of Civil Procedure 12(b)(6), dismissed all claims with prejudice. We have considered this appeal on the basis of the briefs, the pertinent portions of the record, and the applicable law. Having done so, the judgment is affirmed, essentially for the reasons stated in the Order of the district court. AFFIRMED. 2

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