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CITY OF ODESSA v. BELL

No. 08-89-00224-CV.

787 S.W.2d 525 (1990)

The CITY OF ODESSA, Texas, Appellant, v. Lee BELL and Debbie Bell, Appellees.

Court of Appeals of Texas, El Paso.

Rehearing Denied as Moot in View of Withdrawal of Petitions April 18, 1990.

Attorney(s) appearing for the Case

Stuart Whitlow, Shannon H. Ratliff, McGinnis, Lochridge & Kilgore, Austin, for appellant.

Paul M. Bohannon, Midland, for appellees.

Before FULLER, WOODARD and KOEHLER, JJ.

OPINION

KOEHLER, Justice.

In an inverse condemnation case brought under Article 1, sec. 17 of the Texas Constitution, the jury awarded actual ($103,000.00) and exemplary ($327,000.00) damages in favor of the Appellee property owners against the Appellant City of Odessa ("City"), such damages allegedly resulting from the flow of sewer water discharged by water treatment facilities operated by the City, down a draw...

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