State v. Morello

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Both Bernard Morello and White Lion Holdings, LLC could be assessed civil penalties under the Texas Water Code for actions that Morello performed as an employee of White Lion.The court of appeals reversed the judgment of the trial court, holding that because the State failed to establish that Morello could be held individually liable as a matter of law for the alleged violations, the trial court erred in granting summary judgment for the State. The Supreme Court reversed the judgment of the court of appeals and reinstated that of the trial court, holding (1) Morello was a “person” subject to penalties under the Water Code individually; (2) the court of appeals had jurisdiction over Morello’s appeal; and (3) the penalties assessed against Morello were not unconstitutional. View "State v. Morello" on Justia Law