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BOSSLEY v. DALLAS MHMR

No. 05-91-00284-CV.

934 S.W.2d 689 (1995)

Albert BOSSLEY and Elaine Bossley, Individually and as Representatives of the Estate of Roger Arthur Bossley, Appellants, v. DALLAS COUNTY MENTAL HEALTH AND MENTAL RETARDATION et al., Appellees.

Court of Appeals of Texas, Dallas.

Rehearing Overruled October 9, 1996.

Attorney(s) appearing for the Case

Robert G. Oake, Jr., Law Offices of Robert G. Oake, Jr., Dallas, for Appellants.

Douglas A. Barnes, John F. O'Donnell, Brown McCarroll & Oaks Hartline, L.L.P., Dallas, Michael W. Eady, Brown McCarroll & Oaks Hartline, L.L.P., Austin, for Appellees.

Before THOMAS, C.J., and CHAPMAN and KAPLAN, JJ.

OPINION

THOMAS, Chief Justice.

This appeal presents another opportunity for the courts to struggle with determining what constitutes a condition or use of tangible property as those terms are used in the Texas Tort Claims Act (the Act). See TEX. CIV.PRAC. & REM.CODE ANN. § 101.021 (Vernon 1986). The case presents the same dilemma expressed nineteen years ago by Chief Justice Greenhill when he said, "Our problem is trying to...

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