HANSON AGGREGATES WEST, INC. v. Ford
Texas Court of Appeals, 3rd District (Austin)
1Opinion of the Court
OPINION
BOB PEMBERTON, Justice.
We withdraw our opinion and judgment dated January 6, 2011, and substitute the following in their place. We overrule ap-pellees’ motion for rehearing.
In dispute in this appeal are the substantive and procedural standards that govern claims for permanent injunctive relief against a private nuisance. A group of homeowners filed suit alleging that a nearby rock quarry had created a nuisance and sought both money damages and a permanent injunction limiting quarry operations. A jury failed to find either that the quarry owner had intentionally created a nuisance, that…
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