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BIBLE BAPTIST CHURCH v. CITY OF CLEBURNE

No. 10-92-033-CV.

848 S.W.2d 826 (1993)

BIBLE BAPTIST CHURCH, Appellant, v. CITY OF CLEBURNE, Appellee.

Court of Appeals of Texas, Waco.

Rehearing Denied March 31, 1993.

Attorney(s) appearing for the Case

David R. Weiner, Law Offices of Windle Turley, P.C, Dallas, for appellant.

Michael W. Minton, Decker, Jones, McMackin, McClane, Hall & Bates, Fort Worth, for appellee.

Before THOMAS, C.J, and CUMMINGS and VANCE, JJ.

OPINION

VANCE, Justice.

Bible Baptist Church sued the City of Cleburne after its building flooded with raw sewage from a sewer line owned and operated by the City. The City moved for summary judgment, which the court granted. We will reverse the summary judgment and remand for trial.

PROCEDURAL BACKGROUND

The Church filed suit asserting a cause of action for negligence and a cause of action under article I, section 17, of the Texas Constitution...

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