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KILBURN v. FORT BEND COUNTY DRAINAGE DIST.

No. 14-13-00011-CV.

411 S.W.3d 33 (2013)

Kerry A. KILBURN and Cynthia H. Kilburn, Appellants, v. FORT BEND COUNTY DRAINAGE DISTRICT, Appellee.

Court of Appeals of Texas, Houston (14th Dist.).

August 13, 2013.

Attorney(s) appearing for the Case

Christopher Ramey , Houston, for Appellants.

William Horton Vidor , Joe W. Cox , Richmond, for Appellee.

Panel consists of Justices BROWN, CHRISTOPHER, and McCALLY.

OPINION

JEFFREY V. BROWN, Justice.

Appellants Kerry and Cynthia Kilburn appeal the trial court's order granting appellee Fort Bend County Drainage District's ("the County") plea to the jurisdiction as to the Kilburns' negligence claim. We reverse and remand.

I

The Kilburns own a ten-acre tract of land adjacent to a creek in Fort Bend County. Between December of 2008 and January 2009, the County undertook excavation operations to remove...

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