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CITY OF DALLAS v. JENNINGS

No. 01-1012.

142 S.W.3d 310 (2004)

CITY OF DALLAS, Petitioner, v. James JENNINGS and Charlotte Jennings, Respondents.

Supreme Court of Texas.

Decided June 25, 2004.

Attorney(s) appearing for the Case

Robert L. Mchaney, Wash & Thomas, Waco, TX, for Amicus Curiae.

Julie B. Essenburg, Office of City Attorney of City of Dallas, Dallas, TX, for Petitioner.

Charles E. Baruch, Rowiett, Eliot D. Shavin, Dallas, TX, for Respondent.

Justice SCHNEIDER delivered the opinion of the Court.

James and Charlotte Jennings sued the City of Dallas after the City's sewer main backed up and flooded their home with raw sewage. They alleged two claims: unconstitutional taking and nuisance. Specifically, their pleadings asserted that the City's maintenance of the sewer line "constituted an unconstitutional taking, damaging, or destruction of plaintiffs' property for public use without adequate compensation...

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