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HANSON AGGREGATES WEST, INC. v. FORD

No. 03-09-00397-CV.

338 S.W.3d 39 (2011)

HANSON AGGREGATES WEST, INC., Appellant, v. Edwin R. FORD, Regina Ford, Clarence Cain, Connie Cain, James L. Kersey, Mary Kersey, Brett Papell and Lynn Papell, Appellees.

Court of Appeals of Texas, Austin.

Rehearing Overruled April 13, 2011.

Attorney(s) appearing for the Case

Douglas W. Alexander , Amy Warr , Alexander Dubose & Townsend, L.L.P., Austin, TX, Kathryn A. Stephens , George H. Spencer, Jr. , Clemens & Spencer, P.C., San Antonio, TX, for Appellant.

Gerald T. Drought , Mathis B. Bishop , Martin & Drought, P.C., San Antonio, TX, for Appellees.

Before Justices PURYEAR, PEMBERTON and HENSON.

OPINION

BOB PEMBERTON, Justice.

We withdraw our opinion and judgment dated January 6, 2011, and substitute the following in their place. We overrule appellees' motion for rehearing.

In dispute in this appeal are the substantive and procedural standards that govern claims for permanent injunctive relief against a private nuisance. A group of homeowners filed suit alleging that a nearby rock quarry had created a nuisance and sought both money...

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