City of Tyler v. Likes

962 S.W.2d 489 (1997)

The CITY OF TYLER, Petitioner,

v.

Adeline LIKES, Respondent.

No. 95-1014.

Supreme Court of Texas.

Argued September 3, 1996.

Decided December 11, 1997.

Rehearing Overruled February 13, 1998.

Gregory P. Grajczyk, Longview, for Petitioner.

Willis Jarrel, Jr., Tyler, for Respondent.

This is a suit for flood damage brought against a municipality under the Texas Tort Claims Act, common law, and the Texas Constitution. Floodwaters flowing through a municipal culvert system constructed before the Legislature passed the Tort Claims Act damaged plaintiff's home. The primary issue is whether…