Pontarelli Trust Ex Rel. Pontarelli v. City of McAllen

OPINION

BISSETT, Justice.

This is a suit brought by the Raymond Pontarelli Trust and its Trustee, Lois Pon-tarelli, plaintiff below and appellant herein, against the City of McAllen, Texas, defendant below and appellee herein, to recover damages to land alleged to have been sustained because of the negligent operation of sewer facilities by the appellee. The parties will be referred to here as they were in the trial court.

The trial court sustained defendant’s Special Exceptions I and II to plaintiff’s original petition. The plaintiff in open court refused to amend its petition to meet the…