instruction:
In this task, you will be shown a sentence, and you should determine whether it is overruling or non-overruling. In law, an overruling sentence is a statement that nullifies a previous case decision as a precedent by a constitutionally valid statute or a decision by the same or higher ranking court which establishes a different rule on the point of law involved. Classify your answers into overruling or non-overruling
question:
as the court explained, the state has the "" 'duty . . . to protect the people's common heritage of streams, lakes, marshlands and tidelands, surrendering that right of protection only in rare cases when the abandonment of that right is consistent with the purposes of the trust.'
answer:
non-overruling


question:
see smith v. babcock & wilcox constr. co., 913 s.w.2d 467, 468 (tex. 1995) (per curiam).
answer:
non-overruling


question:
thus far, the resolution of the question before us seems simple.
answer:

non-overruling