Lance v. City of Mission

ARCHER, Chief Justice.

This is an appeal from the order of the-trial court sustaining appellees’ motion for-summary judgment.

Appellant Lance brought suit for damages to his crops caused by inundation by water diverted to his land through a ditch allegedly controlled by appellee cities, used by the appellees to drain Moore Field. The appel-lee cities, also called Tri-cities, moved for summary judgment on the primary basis that in an earlier suit Lance pursued an inconsistent cause in which he alleged he owned and was entitled to receive water from the same source.

The assignments of error are…