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CITY OF SAN ANTONIO v. POLLOCK

No. 04-1118.

284 S.W.3d 809 (2009)

CITY OF SAN ANTONIO, Petitioner, v. Charles POLLOCK and Tracy Pollock, individually and as next friends of Sarah Jane Pollock, a Minor Child, Respondents.

Supreme Court of Texas.

Decided May 1, 2009.

Rehearing Denied June 26, 2009.

Attorney(s) appearing for the Case

Sharon E. Callaway, Crofts & Callaway, P.C., Nissa M. Dunn, Law Offices of Nissa Dunn, P.C., San Antonio, TX, Pamela Stanton Baron, Attorney At Law, Austin, Andrew F. Martin, Office of City Attorney, Gail A. Jensen, Amy Eubanks Perkins, City Attorney's Office, Martha Guadiana Sepeda, City of San Antonio Litigation Div., Michael D. Bernard, Asst. City Atty., Jack Pasqual, Office of City Atty., San Antonio, TX, for Petitioner.

Sylvan S. Lang Jr., Lang Law Firm, PC, Susan G. Gray, Law Office of Susan Gray, Jennifer Beldon Rosenblatt, The Rosenblatt Law Firm, Cathy J. Sheehan, Office of City Atty., Litigation Div., Laura A. Cavaretta, Richard Copeland, Plunkett & Gibson, Inc., Gilbert Vara Jr., The Law Office of Gilbert Vara, Jr., San Antonio, TX, for Respondent.

Kristofer S. Monson, Asst. Solicitor Gen., Austin, TX, for Amicus Curiae.

Justice HECHT delivered the opinion of the Court, in which Chief Justice JEFFERSON, Justice WAINWRIGHT, Justice JOHNSON and Justice WILLETT joined, and in all but Part II-C of which Justice BRISTER joined.

When the government maintains a public nuisance that it knows is substantially certain to cause a specific injury to private property, it may be required by article I, section 17 of the Texas Constitution

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