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BILY v. OMNI EQUITIES, INC.

No. B14-86-779-CV.

731 S.W.2d 606 (1987)

John BILY, Appellant/Appellee, v. OMNI EQUITIES, INC., Don Smith, and W.T. Smith, Appellees/Appellants.

Court of Appeals of Texas, Houston (14th Dist.).

Rehearing Denied May 21, 1987.

Attorney(s) appearing for the Case

Patricia Hair, Houston, for appellant/appellee.

Jeffrey A. Lehmann, Houston, for appellees/appellants.

Before PAUL PRESSLER, MURPHY and ELLIS, JJ.

OPINION

ELLIS, Justice.

John Bily sued Don Smith, W.T. Smith, and the Smiths' land development corporation, Omni Equities, Inc., for injunctive relief and damages alleging that the defendants had impounded the natural flow of surface waters from Bily's property in contravention of common law and section 11.086 of the Texas Water Code. A jury found in favor of Bily and awarded actual and punitive damages. The trial court entered judgment that Bily recover...

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