Bily v. Omni Equities, Inc.

OPINION

ELLIS, Justice.

John Bily sued Don Smith, W.T. Smith, and the Smiths’ land development corporation, Omni Equities, Inc., for injunctive relief and damages alleging that the defendants had impounded the natural flow of surface waters from Bily’s property in contravention of common law and section 11.-086 of the Texas Water Code. A jury found in favor of Bily and awarded actual and punitive damages. The trial court entered judgment that Bily recover actual damages, but disallowed recovery of punitive damages. Bily appeals the court’s denial of punitive damages and Omni and the Smiths…