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CITY OF SAN ANTONIO v. POLLOCK

No. 04-03-00403-CV.

155 S.W.3d 322 (2004)

THE CITY OF SAN ANTONIO, Appellant, v. Charles POLLOCK and Tracy Pollock, Individually and as Next Friends of Sarah Jane Pollock, Appellees.

Court of Appeals of Texas, San Antonio.

Rehearing Overruled November 16, 2004.

Attorney(s) appearing for the Case

Sharon E. Callaway, Nissa M. Sanders, Crofts & Callaway, P.C., Amy M. Eubanks, Donald S. Bayne, Asst. City Atty's, San Antonio, for appellant.

Cathy J. Sheehan, Laura A. Cavaretta, Plunkett & Gibson, Inc., Sylvan S. Lang, Jr., Lang & Kustoff, L.L.P., Jennifer B. Rosenblatt, Rosenblatt Law Firm, Susan G. Gray, Law Office of Susan G. Gray, San Antonio, for appellees.

Timothy Patton, Timothy Patton, P.C., San Antonio, for other.

Sitting: ALMA L. LÓPEZ, Chief Justice, KAREN ANGELINI, Justice, SANDEE BRYAN MARION, Justice.

OPINION

Opinion by KAREN ANGELINI, Justice.

This case is before us on Appellant's motion for rehearing. We deny Appellant's motion; however, we withdraw our opinion and judgment of May 12, 2004, and substitute this opinion and judgment in its stead.

In 1992, Charles and Tracy Pollock moved into a home at 10811 Mount Mesabi. The backyard of the home abutts the West Avenue Landfill Project, a landfill...

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