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BOALES v. BRIGHTON BUILDERS, INC.

No. 14-99-00535-CV.

29 S.W.3d 159 (2000)

Tom L. BOALES, Brenda K. Boales, Mark S. Coalmer, Lynn K. Coalmer, James W. Dunbar, Raynoldo Garcia, Laura P. Garcia, Shaun C. Hills, Carla D. Hills, Linda Lanier, John M. Simmons, Diane M. Simmons, Ronald H. Vitulli, and Connie S. Vitulli, Appellants, v. BRIGHTON BUILDERS, INC., George Wimpey, Inc., and George Wimpey Of Texas, Inc., Appellees.

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

Rehearing Overruled September 21, 2000.

Attorney(s) appearing for the Case

Joseph F. Nistico, Jr., W. Lance Stodghill, Richard Paul Martini, Houston, for appellants.

C. Ed Harrell, Stacey Beth Saunders, Houston, for appellees.

Panel consists of Chief Justice MURPHY and Justices HUDSON and WITTIG.

OPINION

DON WITTIG, Justice.

Tom L. Boales and multiple homeowners in Aberdeen Trails subdivision appeal from a no-evidence summary judgment and dismissal on special exceptions granted in favor of Brighton Builders, Inc., George Wimpey, Inc., and George Wimpey of Texas, Inc. Because we find that the Water Code does not preclude some of the homeowners' causes of action, we reverse and remand for a trial on the merits of those claims. We also affirm multiple...

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