Hendrickson v. Swyers

OPINION

Opinion by:

ALMA L. LÓPEZ, Justice.

The issue in this case is whether the word “poultry” as used in the Texas Agriculture Code includes fighting cocks. Because we conclude that poultry does not include fighting cocks, we affirm the judgment of the trial court.

Background

Andrew and Margaret Swyers own land that has a common boundary with land owned by Alan Hendrickson. Alan Hen-drickson and his son, Duane Hendrickson, reside on Alan’s land. The Hendricksons have raised fighting cocks on Alan’s land for nearly ten years.

On May 7, 1998, the Swyers sued the Hendricksons for nuisance,…