Brazos River Conservation & Reclamation Dist. v. Costello

FUNDERBURK, Justice.

E. P. Costello and other property owners brought this suit against Brazos River Conservation and Reclamation District, the Directors thereof, and others, seeking to enjoin, first, temporarily and upon final hearing, permanently, the flooding of plaintiffs’ lands and other property, or permitting same to be done, by closing openings in the Possum Kingdom Dam on the Brazos River left temporarily for the purpose of avoiding such effect during the construction of said dam.

Briefly stated, the ground of relief sought was that such lands and other properties would, upon the…