Walker v. L.G. Everist, Inc.

OPINION

BIVINS, Judge.

Plaintiffs’ amended complaint alleges that their land and improvements were damaged by flooding of the Brazos River in May, 1973. Plaintiffs claim that defendants, involved in gravel pit operation on adjacent property, negligently weakened the north bank of the river causing it to break its banks and flood plaintiffs’ downstream property. Because defendants had taken no action to prevent future flooding, plaintiffs also sought abatement of a continuing nuisance.

Summary judgment in favor of defendants was reversed by this court in a memorandum opinion filed in May, 1980.…