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STEINBERGER v. ARCHER COUNTY

No. 18475.

621 S.W.2d 838 (1981)

Fred D. STEINBERGER, et ux., Appellant, v. ARCHER COUNTY, Texas, Appellee.

Court of Appeals of Texas, Fort Worth.

September 17, 1981.

Attorney(s) appearing for the Case

Banner, McIntosh & Dobbs, and Ed McIntosh, Wichita Falls, Harvey & Russell, Archer City, for appellant.

Sherrill & Pace, and Lonny D. Morrison, Wichita Falls, Paul O. Wylie, County Atty., Archer City, for appellee.

Before MASSEY, C. J., and SPURLOCK and HOLMAN, JJ.

OPINION

SPURLOCK, Justice.

This is an encroachment case. Archer County brought suit against Fred D. and Georgia Steinberger seeking a mandatory injunction compelling removal of a fence from the right-of-way and a permanent injunction against further encroachment thereon, contending that fences constructed within its right-of-way constitute a nuisance to the public and should be abated. Following a trial by jury...

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