City of San Antonio v. De Miguel

OPINION

Opinion by:

SANDEE BRYAN MARION, Justice.

This is an accelerated appeal from the trial court’s denial of the City of San Antonio’s (“the City”) plea to the jurisdiction. We reverse and render a judgment dismissing appellees’ nuisance claim against the City.

BACKGROUND

In September 1965, the City’s Public Works Department approved Street and Drainage Plans (“Plans”) for the construction of the North Star Hills Subdivision Unii>-5. Pursuant to the Plans, a concrete-lined open drainage channel — constructed by an outside developer — directs water flow from two northern areas of the…