OPINION
RALEIGH BROWN, Justice.
Nelda Smithwick and the Estate of Joe D. Smithwick, Deceased sued the City of Abilene, seeking damages both to their property and for personal injuries as a result of raw sewage flowing into the Smithwick's home from the City's sanitary sewer main. Alternative theories of recovery included: (1) a taking, damaging, or destroying under Article I, Section 17 of the Texas Constitution; (2) negligence of the City in operating its...
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