Legal Opinion

City of Socorro, Texas v. Samuel Campos, Manuel Cobos, Leticia Duran, Gloria Elmore, Isela Encerrado, Arturo Galindo, Patricia Gardea, Dario Garduno, Obed Gonzalez, Gabriel Gutierrez, Rene Hernandez, Concepcion Jimenez, Manuel Juarez, Lorenzo Lara, Eriqueta Lopez

Texas Court of Appeals, 8th District (El Paso)

Decided September 14, 2016No. 08-14-00295-CVPublishedCited by 11 opinions

1Opinion of the Court

OPINION

ANN CRAWFORD McCLURE, Chief Justice

In this takings case, we address whether residents of the City of Socorro properly pleaded claims for relief arising out of the flooding of their homes so as to overcome Socorro’s governmental immunity. The residents contend that the City of Socorro caused that flooding by constructing a ditch, and later two embankments, that were intended to protect one subdivision at the expense of their neighborhood. We hold that they adequately pleaded their claim, and that the case can therefore proceed to determine if they can prove their allegations.

FACTUAL…

2Cases cited35 opinions

  1. City of Keller v. WilsonTexas Supreme Court · 2005
  2. Texas Department of Parks & Wildlife v. MirandaTexas Supreme Court · 2004
  3. Texas v. BrownSupreme Court of the United States · 1983
  4. Texas Natural Resource Conservation Commission v. IT-DavyTexas Supreme Court · 2002
  5. County of Cameron v. BrownTexas Supreme Court · 2002

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3Cited by11 opinions

  1. San Jacinto River Authority v. Vicente Medina, Ashley Medina and Aris Antoniou, Texas Court of Appeals, 1st District (Houston)2018
  2. Joshua Luttrell, Andrew Davis, Moises Roman, Joe Rodriguez And on Behalf of All Other Persons Similarly Situated v. El Paso County, Texas Court of Appeals, 8th District (El Paso)2018
  3. Helson Pacheco-Serrant, M.D. v. Carmen Munoz, Texas Court of Appeals, 8th District (El Paso)2018
  4. Wendy Younger v. El Paso County Emergency Services District No. 2 and El Paso County, Texas, Texas Court of Appeals, 8th District (El Paso)2018
  5. Schwertner v. HendersonCourt of Appeals of Texas · 1978

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