The opinion
*549 JAN P. PATTERSON, J.,
concurring.
I concur in the judgment only. I agree with the majority that, once a municipality determines under Texas Parks and Wildlife Code section 26.001(a) there is no feasible and prudent alternative to the use or taking of parkland, the municipality’s determination is conclusive unless there is a showing that the municipality acted fraudulently, in bad faith, or arbitrarily and capriciously, in making its determination. See Tex. Parks & Wild.Code Ann. § 26.001(a) (West 2002); Housing Auth. v. Higginbotham, 135 Tex. 158 , 143 S.W.2d 79, 88 (1940); Whittington v. City of Austin, 174 S.W.3d 889, 898 (Tex.App.-Austin 2005, pet. denied); see also Malcomson Rd. Util. Dist. v. Newsom, 171 S.W.3d 257, 268-69 (Tex.App.-Houston [1st Dist.] 2005, pet. denied). Because there has been no such showing in this case, I would affirm the district court’s judgment.