CITY OF SAN ANTONIO v. DE MIGUEL

No. 04-09-00289-CV.

311 S.W.3d 22 (2010)

CITY OF SAN ANTONIO, Appellant v. Emeterio and Rosa Maria DE MIGUEL, Appellee.

Court of Appeals of Texas, San Antonio.

Rehearing Overruled March 4, 2010.


Attorney(s) appearing for the Case

Michael D. Bernard, City Attorney, David M. Williams, Assistant City Attorney, San Antonio, TX, for Appellant.

Allen F. Cazier, Attorney at Law, San Antonio, TX, for Appellee.

Sitting: CATHERINE STONE, Chief Justice, SANDEE BRYAN MARION, Justice, STEVEN C. HILBIG, Justice.


OPINION

Opinion by: SANDEE BRYAN MARION, Justice.

This is an accelerated appeal from the trial court's denial of the City of San Antonio's ("the City") plea to the jurisdiction. We reverse and render a judgment dismissing appellees' nuisance claim against the City.

BACKGROUND

In September 1965, the City's Public Works Department approved Street and Drainage Plans ("Plans") for the construction of the North Star Hills Subdivision Unit-5...

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