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NEELY v. COMMUNITY PROPERTIES, INC.

No. C-221.

639 S.W.2d 452 (1982)

Clyde NEELY, et ux., Petitioners, v. COMMUNITY PROPERTIES, INC., et al., Respondents.

Supreme Court of Texas.

July 21, 1982.

Attorney(s) appearing for the Case

Dale E. Muller, Austin, for petitioners.

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

GREENHILL, Chief Justice.

In this action, Clyde and Annie May Neely recovered $62,000.00 for flood damage to their land. The flooding began after Community Properties, Inc. (CPI) and Mesa Village Apartments, Co. (MVA) constructed an apartment complex adjacent to the Neelys' land.

The jury found that this construction, and the subsequent flooding, permanently damaged the Neelys' land. The jury also found exemplary damages because CPI and MVA had displayed ...

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