DURDEN v. CITY OF GRAND PRAIRIE

No. 18654.

626 S.W.2d 345 (1981)

Eugene A. DURDEN, et ux., Beulah W. Durden, Appellants, v. CITY OF GRAND PRAIRIE and GSC Development Corporation, Appellees.

Court of Appeals of Texas, Fort Worth.

Rehearing Denied January 20, 1982.


Attorney(s) appearing for the Case

Thorne, Thorne & Robertson, Inc. and Michael A. Robertson, Grand Prairie, for appellants.

R. Clayton Hutchins, City Atty., Grand Prairie, Vial, Hamilton, Koch, Tubb, Knox & Stradley and James H. Baumgartner, Jr., Dallas, for appellees.

Before HUGHES, JORDAN and RICHARD L. BROWN, JJ.


OPINION

HUGHES, Justice.

This suit involves the diversion of the natural flow of surface water. Eugene A. Durden and his wife, Beulah W. Durden filed this suit against the City of Grand Prairie, Texas in 1977 seeking compensation under Tex.Const. art. I, sec. 17 for property taken and, in the alternative, recovery of damages. The damages were based on negligence and nuisance theories. Injunctive relief was also sought. As to the negligence and nuisance theories...

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