Keith Redburn v. Charmelle Garrett

JAMES L. DENNIS, Circuit Judge:

This case involves a dispute between Keith Redburn and the City of Victoria, Texas, over the City's use of Redburn's residential property to drain and filter storm-sewer runoff from a large part of the City. It is undisputed that the drainage from the City's system has created a deep chasm across Redburn's property that detracts from its value and utility. Redburn's property was outside the city limits when the drainage started, but was later annexed by the City.

Redburn initially filed this lawsuit in state court, seeking to stop the damage to his property and,…