City of Dallas v. Jennings

James and Charlotte Jennings sued the City of Dallas after the City’s sewer main backed up and flooded their home with raw sewage. They alleged two claims: unconstitutional taking and nuisance. Specifically, their pleadings asserted that the City’s maintenance of the sewer line “constituted an unconstitutional taking, damaging, or destruction of plaintiffs’ property for public use without adequate compensation” and that “the pipeline created, operated, and maintained by the City of Dallas constituted a nuisance.”

We first determine whether there is legally sufficient evidence to support the…