Gleason v. Taub

OPINION

ANNE GARDNER, Justice.

INTRODUCTION

Appellants Tim and Diana Gleason and Randy and Susan Estes appeal from an order sustaining a plea to the jurisdiction and granting summary judgment. We reverse and remand.

FACTUAL AND PROCEDURAL BACKGROUND

Appellants allege that Appellee, Albert Taub, trespassed on their private property with a bulldozer, destroyed vegetation, and removed 16,000 cubic feet of dirt for use on another property where he was the construction manager. The affected part of the property is subject to a public drainage easement. Appellants sued Taub for trespass claiming that…