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COMMUNITY PROPERTIES, INC. v. NEELY

No. 1412.

611 S.W.2d 947 (1981)

COMMUNITY PROPERTIES, INC. et al., Appellants, v. Clyde NEELY et ux., Appellees.

Court of Civil Appeals of Texas, Tyler.

Rehearing Denied March 5, 1981.

Attorney(s) appearing for the Case

W. Ted Minick, Winstead, McGuire, Sechrest & Trimble, Patrick F. McManemin, Dallas, Scott R. Kidd, Brown, Maroney, Rose, Baker & Barber, Austin, for appellants.

Dale E. Muller, Austin, for appellees.

MOORE, Justice.

Appellees, Clyde Neely and wife, Annie May Neely, sued appellants, Community Properties, Inc., and Mesa Village Apartment Company, for damages caused by the diversion of surface water by appellants onto a 3.1-acre tract of land owned by the Neelys and occupied by them as their home. Appellees alleged that appellants constructed a large apartment complex on property adjacent to their home and in so doing materially altered the natural flow of surface...

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