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KARNES CITY v. KENDALL

No. 04-04-00308-CV.

172 S.W.3d 624 (2005)

KARNES CITY, Texas, Appellant, v. Alger H. KENDALL, Jr., and Wife, Royaline N. Kendall, Appellees.

Court of Appeals of Texas, San Antonio.

Rehearing Overruled May 23 and June 14, 2005.

Attorney(s) appearing for the Case

Charles S. Frigerio, Hector X. Saenz, Law Office of Charles S. Frigerio, P.C., San Antonio, for appellant.

Ricky J. Poole, Law Office of Ricky J. Poole, San Antonio, for appellees.

Sitting: ALMA L. LÓPEZ, Chief Justice, CATHERINE STONE, Justice, PHYLIS J. SPEEDLIN, Justice.

OPINION

Opinion by PHYLIS J. SPEEDLIN, Justice.

Karnes City appeals from a final judgment rendered against it in a suit for damages brought by Alger and Royaline Kendall. Because we conclude that liability on a public nuisance claim brought under the Texas Constitution requires a finding of intentional conduct, we reverse the judgment of the trial court and render a take nothing judgment on the Kendalls' claims against Karnes City.

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