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CITY OF ARLINGTON v. STATE FARM LLOYDS

No. 03-0466.

145 S.W.3d 165 (2004)

CITY OF ARLINGTON, Petitioner, v. STATE FARM LLOYDS, Respondent.

Supreme Court of Texas.

September 3, 2004.

Attorney(s) appearing for the Case

Frank Waite, Elizabeth Lutton, Asst. City Attys., Alan Dean Lathrom, Arlington, for Petitioner.

Michael W. Minton, Law Office of Michael W. Minton, PLLC, Dallas, for Respondent.

PER CURIAM.

State Farm Lloyds (State Farm) brought a subrogation suit against the City of Arlington to recover monies it paid to an insured homeowner whose home was damaged by a sewage backup. The trial court awarded damages to State Farm, and the court of appeals affirmed. Initially, we must determine whether the City adequately preserved its argument that there was no evidence to support essential elements of State Farm's nuisance and takings claims. Because we...

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