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COZBY v. CITY OF WACO

No. 10-02-095-CV.

110 S.W.3d 32 (2002)

Warren R. COZBY and Lillian A. Cozby, Appellants, v. The CITY OF WACO, Appellee.

Court of Appeals of Texas, Waco.

Rehearing Overruled January 22, 2003.

Attorney(s) appearing for the Case

John L. Bates, Waco, for appellants.

Enid A. Wade, Naman, Howell, Smith & Lee, P.C., Waco, for appellee.

Before Chief Justice DAVIS, Justice VANCE, and Justice GRAY.

OPINION

REX D. DAVIS, Chief Justice.

Warren and Lillian Cozby filed suit against the City of Waco (the "City") and O'Reilly Automotive, Inc. to resolve a dispute among the parties regarding an alley which runs between a tract of land owned by the Cozbys and a tract owned by O'Reilly. The City filed a plea to the jurisdiction premised on sovereign immunity. The City filed a summary judgment motion three weeks later. The trial court conducted a hearing on...

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