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CITY OF KELLER v. WILSON

No. 2-00-183-CV.

86 S.W.3d 693 (2002)

The CITY OF KELLER, Appellant, v. John W. WILSON, Grace S. Wilson, Johnny L. Wilson, Nancy A. Wilson, Bursey Residential Limited, Texas Rover Realty, Inc., and Tri-West Enterprises, Inc., Appellees and John W. Wilson, Grace S. Wilson, Johnny L. Wilson, and Nancy A. Wilson, Appellants, v. Bursey Residential Limited, Bursey Joint Venture, Texas Rover Realty, Inc., and Tri-West Enterprises, Inc., Appellees.

Court of Appeals of Texas, Fort Worth.

Publication Ordered October 31, 2002.

Rehearing Overruled September 12, 2002.

Attorney(s) appearing for the Case

Law, Snakard & Gambill, P.C., and Larry C. Bracken and Dabney D. Bassel, Fort Worth, Boyle & Lowry, L.L.P., and L. Stanton Lowry and Douglas H. Conner, III, Irving, for Keller.

David R. Casey, Hurst, for Wilson.

Barlow & Garsek, P.C., and J. Benjamin Barlow and James B. Barlow, Fort Worth, for Bursey and Texas Rover.

Bush & Morrison, P.C., and Robert L. Russell Bush and Carl J. Wilkerson, Arlington, for Tri-West.

PANEL A: CAYCE, C.J.; LIVINGSTON and WALKER, JJ.

OPINION

SUE WALKER, Justice.

I. INTRODUCTION.

Several landowners sued the City of Keller ("City") for inverse condemnation and for water code violations. The landowners also sued upstream real estate developers for trespass and for water code violations. The trial court granted summary judgments in favor of the upstream developers. The landowners' claims against the City proceeded to trial, and a jury returned a verdict for the landowners. The...

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