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JENNINGS v. CITY OF DALLAS

No. 05-98-01831-CV.

138 S.W.3d 366 (2001)

James and Charlotte JENNINGS, Appellants, v. CITY OF DALLAS, Appellee.

Court of Appeals of Texas, Dallas.

July 17, 2001.

Attorney(s) appearing for the Case

Eliot D. Shavin, SMUU Legal Clinic, Dallas, for Appellant.

Julie A. Essenburg, City of Dallas, Dallas, for Appellee.

Before WRIGHT, O'NEILL, and MALONEY, JJ.

OPINION

Opinion by Justice MALONEY (Assigned).

In this summary judgment case, Charlotte and James Jennings sued the City of Dallas (the City) alleging nuisance and a constitutional taking because the City's sanitary sewer line backed up and flooded their home with raw sewage. The City moved for summary judgment under Tex.R.Civ.P. 166a(i) (no evidence summary judgment) and Tex.Civ.Prac. & Rem.Code Ann. § 101.021 (governmental immunity). The trial...

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