The Texas 13th Court of Appeals ruled in favor of Lampasas last week in the appeal filed by Kempner Water Supply Corporation of the district court’s decision in the ongoing water contract dispute between the city and the corporation.

The 27th District Court of Lampasas County had granted summary judgment for the city in January 2015, holding that Kempner had breached the 2006 long-term wholesale water contract between the parties. The Court of Appeals upheld that ruling last Thursday, agreeing the water provider had incorrectly charged Lampasas for water from the Kempner Water Treatment Plant rather than for the treated water the city had contracted with Kempner to have delivered from Central Texas Water Supply Corporation.

The court also ruled that there was insufficient evidence to support the trial court’s award of $117,432.27 in damages, stating, “While there is insufficient evidence to support the entire amount of the trial court’s award, there is sufficient evidence to demonstrate the city suffered some amount of damages as a result of Kempner’s breach of contract.”

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