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City seeks clarification of ruling
By MIKE ELSWICK, Managing Editor MNM

The city of Marshall plans to file a motion for rehearing on a Texas Supreme Court decision issued June 9.

Mayor Ed Smith III said the filing is an attempt to clarify the city's use of Caddo Lake water.

Smith said Friday Marshall officials hope to get a more thorough explanation of Justice Harriet O'Neill's ruling on five points concerning the city's permit application before the Texas Commission on Environmental Quality. The city is not asking the state's high court to reconsider its decision, he said.

"It was not clear to our legal counsel exactly what the court intended," Smith said. "We are just hopeful the court will clarify some points to get a better understanding of their intention."

However, Rick Lowerre, president of Caddo Lake Institute and an Austin attorney, questioned the city's method and motive in getting issues clarified.

"You don't file a motion for rehearing for clarification," Lowerre said. "The only way they can clarify is to grant the motion for rehearing, call for briefs from all sides and reconsider things.

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