San Antonio Water System v. Robert Overby and Teresa Overby

OPINION

Opinion by:

PATRICIA 0. ALVAREZ, Justice.

Appellees Robert and Teresa Overby sued San Antonio Water System (SAWS) and other defendants for recurring flooding that damaged their yard and home. In response, SAWS asserted governmental immunity in a plea to the jurisdiction. The trial court denied SAWS’s plea, and SAWS filed this interlocutory appeal. Because the evidence conclusively proves SAWS’s governmental immunity was not waived, we reverse the trial court’s order and render judgment that the Overbys take nothing from SAWS on their taking and nuisance claims.

Background

The Overbys’ home…