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DE LA CRUZ v. BROWN

No. 08-02-00208-CV.

109 S.W.3d 73 (2003)

Arturo DE LA CRUZ, Appellant, v. Columbus P. BROWN a/k/a C.P. Brown, Appellee.

Court of Appeals of Texas, El Paso.

Rehearing Overruled June 18, 2003.

Attorney(s) appearing for the Case

Anthony C. Aguilar, El Paso, for Appellant.

Jeffrey B. Thompson, Alto, NM, for Appellee.

Before Panel No. 5 McCLURE, CHEW, JJ., and PRESLAR, C.J. (Ret.)(sitting by assignment).

OPINION

ANN CRAWFORD McCLURE, Justice.

In this case of first impression, we consider whether statutory protections afforded to the residents of colonias may give rise to a private cause of action for monetary damages. Because we conclude that the Legislature intended to create a private cause of action, we reverse and remand.

FACTUAL SUMMARY

On December 3, 1984, Arturo de la Cruz purchased from Columbus P. Brown by executory...

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