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COUNTY OF TARRANT v. COYEL

No. 2-02-224-CV.

124 S.W.3d 268 (2003)

COUNTY OF TARRANT, Texas, Appellant, v. Jerry COYEL, Appellee.

Court of Appeals of Texas, Fort Worth.

Rehearing Overruled December 31, 2003.

Attorney(s) appearing for the Case

Tim Curry, Criminal District Attorney, Larry M. Thompson, Asst. District Attorney, Fort worth, for Appellant.

E. Glenn Gidel, Steven H. Swander, Fort Worth, for Appellee.

Panel A: CAYCE, C.J.; LIVINGSTON and DAUPHINOT, JJ.

OPINION

JOHN CAYCE, Chief Justice.

Tarrant County appeals the trial court's summary judgment rendered for Jerry Coyel. In three issues, Tarrant County contends that the trial court erred in granting Coyel's motion for summary judgment. We will reverse and remand.

In 1976, Coyel purchased approximately eleven acres of land in Tarrant County, Texas, a portion of which was located in the designated flood plain of Village Creek. Coyel allowed dumping...

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