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WILLACY COUNTY v. OAKES

No. 12262.

239 S.W.2d 692 (1951)

WILLACY COUNTY v. OAKES.

Court of Civil Appeals of Texas, San Antonio.

Rehearing Denied May 16, 1951.

Attorney(s) appearing for the Case

Jesse G. Foster, Raymondville, for appellant.

C. T. Mortensen, Harlingen, for appellee.

NORVELL, Justice.

This is an appeal from an order refusing to grant a mandatory injunction against G. E. Oakes commanding him to remove a dam erected alongside a county road. In the event of a substantial rainfall, water backs up against the dam and floods the county road. Willacy County sought the injunction upon the theory that the dam constituted a nuisance.

The facts are for the most part undisputed. Oakes is the owner of Lots Nos. 10 and 11 of Block 27...

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