CITY OF AUSTIN v. TEAGUE

No. 5762.

556 S.W.2d 400 (1977)

CITY OF AUSTIN, Appellant, v. Joe M. TEAGUE et al., Appellees.

Court of Civil Appeals of Texas, Waco.

Opinion after Filing of Remittitur September 28, 1977.

Rehearing Denied October 20, 1977.


Attorney(s) appearing for the Case

Jerry L. Harris, City Atty., Roy Rutland, III, Asst. City Atty., Austin, for appellant.

Douglass D. Hearne and William M. Knolle, Stayton, Maloney, Hearne & Babb, Austin, for appellees.


OPINION

McDONALD, Chief Justice.

This is an appeal by defendant City from $109,939. judgment in favor of plaintiffs Teague, et al.

Plaintiffs sued defendant seeking mandamus requiring defendant to issue plaintiffs a waterway development permit to reroute two small streams over an 8½ acre tract owned by plaintiffs, and for damages resulting from denial of such permit by the Austin City Council.

Trial was to a jury which found:

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