Bryson v. High Plains Underground Water Conservation Dist. No.1

In Bryson v. High Plains Underground Water Conservation Dist. No.1, 156 Tex. 405, 297 S.W.2d 117 (Tex. 1956), Bryson had attempted to directly appeal a permanent injunction barring him from producing more than 100,000 gallons of water a day from his well without a permit from the water conservation district. During the trial, he had unsuccessfully attacked the constitutionality of portions of the statute that created the district. The Court ruled that it did not have direct appeal jurisdiction simply because a statute was challenged on constitutional grounds in the trial court if that question was not presented on direct appeal. In interpreting the jurisdictional statute, the Court said: For us to have jurisdiction of a direct appeal, it must appear that a question of the constitutionality of a Texas statute . . . was properly raised in the trial court, that such question was determined by the order of such court granting or denying an interlocutory or permanent injunction, and that the question is presented to this Court for decision. Id. at 119.