Schneider National Carriers, Inc. v. Bates

This is one of several multi-party suits by residents living near the Houston Ship Channel complaining of conditions created by industrial plants nearby. Because the residents’ own complaints show the conditions have existed for many years, the trial court granted summary judgment based on limitations. The court of appeals reversed, finding a fact question on whether the nuisances alleged were temporary or permanent. 1 We granted the petition to try to clarify the distinction, one of the oldest and most complex in Texas law.

We hold that the distinction between temporary and permanent…