EMINENT DOMAIN - TEXAS

Thornton v. Northeast Harris County MUD 1

Court of Appeals of Texas, Houston (14th Dist.) - July 24, 2014 - S.W.3d - 2014 WL 3672897

In connection with the construction of a drainage ditch, Northeast Harris County MUD 1 filed an eminent domain suit against Frank and Shelley Thornton. The Thorntons brought counterclaims for inverse condemnation, nuisance, trespass, and negligent trespass. MUD filed a plea to the jurisdiction, arguing that there was no legislative waiver of its governmental immunity and that the Thorntons’ counterclaims did not give rise to a constitutional taking sufficient to waive immunity because they could not show that MUD intended to contaminate their property and that alleged contamination of their property served a public use.

The Court of Appeals held that:



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