ABBOTT v. CITY OF PRINCETON, TEX.

No. 05-85-00839-CV.

721 S.W.2d 872 (1986)

Tonnie ABBOTT, Appellant, v. CITY OF PRINCETON, TEXAS, Appellee.

Court of Appeals of Texas, Dallas.

Rehearing Denied December 18, 1986.


Attorney(s) appearing for the Case

Raymond G. Wheless, Plano, for appellant.

Kenneth C. Dippell, Dallas, for appellee.

Before AKIN, HOLLINGSWORTH and HOWELL, JJ.


HOWELL, Justice.

Tonnie and Mildred Abbott sued the City of Princeton alleging that the city's construction of a street caused flooding of their land. The city obtained summary judgment, from which the Abbotts appeal. Finding that the city was not entitled to judgment as a matter of law, we reverse the trial court's judgment and remand the cause for further proceedings.

The summary judgment evidence established that the Abbotts purchased a two-acre tract of...

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