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CONE v. CITY OF LUBBOCK

No. 7793.

431 S.W.2d 639 (1968)

W. L. CONE, Appellant, v. CITY OF LUBBOCK et al., Appellees.

Court of Civil Appeals of Texas, Amarillo.

Rehearing Denied September 3, 1968.

Attorney(s) appearing for the Case

Andress, Woodgate & Hartt, Dallas, Wm. Andress, Jr., Dallas, of counsel, for appellant.

Fred O. Senter, Jr., and George A. Staples, Jr., and A. W. Salyars, Lubbock, for appellees.

CHAPMAN, Justice.

This is an appeal from a judgment rendered for the City of Lubbock notwithstanding the verdict. Appellant, W. L. Cone, had since 1927 owned the land out which use the alleged cause of action filed by the City of Lubbock developed. It is part of a low basin area receiving run-off waters, and was such even before annexed to the City of Lubbock in 1949. In 1951, the City enacted Chapter 16 of its original...

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