Breithaupt v. Navarro County

OPINION

THOMAS, Justice.

This is a suit for declaratory judgment and injunctive relief by Navarro County against Jim Breithaupt and his mother, Frances. The Breithaupts cross-actioned to recover damages allegedly resulting from the County’s negligence. Following a jury trial, the court entered judgment for the County, declaring a rural road a “public road” and enjoining the Breithaupts from directly or indirectly obstructing the road’s use or interfering with its maintenance by the County.

As Appellants, the Breithaupts contend: (1) art. 6812h bars the County’s cause of action 1 ; (2) they have…