LUENSMANN v. ZIMMER-ZAMPESE & ASSOCIATES

No. 04-02-00106-CV.

103 S.W.3d 594 (2003)

Anna Del LUENSMANN, Roland Luensmann, and Edna Reininger, Appellants, v. ZIMMER-ZAMPESE & ASSOCIATES, INC. d/b/a River City Raceway, Appellee.

Court of Appeals of Texas, San Antonio.

February 12, 2003.


Attorney(s) appearing for the Case

J. Ken Nunley, William A. Brant and Kelly Putney Rogers, Nunley, Davis, Jolley & Hill, L.L.P., Boerne, for Appellants.

Laura A. Cavaretta and Cathy J. Sheehan, Plunkett & Gibson, Inc, San Antonio, S. Mark Murray, S. Mark Murray, Inc, San Antonio, for Appellee.

Sitting: ALMA L. LÓPEZ, Chief Justice, CATHERINE STONE, Justice, PAUL W. GREEN, Justice.


Opinion by: CATHERINE STONE, Justice.

This appeal illustrates the tension that often arises when "modern development" occurs in what was once a quiet neighborhood. Anna Luensmann and her husband live in Guadalupe County in a home where Anna has lived since 1947. Edna Reininger lives nearby in a home she has occupied for the last twenty-six years. In May of 1999, Appellee Zimmer-Zampese & Associates, Inc. began constructing a drag racing strip approximately 700...

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