Powell v. City of McKinney

ON MOTION FOR REHEARING

DEVANY, Justice.

We grant the appellants’ motion for rehearing, withdraw our former opinion and judgment of February 11, 1986, and substitute this opinion reversing the judgment of the trial court.

On original submission in this inverse condemnation and nuisance action we reversed the judgment of the trial court as it related to the two individuals over whom we held that we had jurisdiction. On our own motion, however, we dismissed the appeals of twenty-two other individuals whose interests the “Brief of Appellants” purported to represent because they were not included on…