Appeals Court Won't Let El Paso Off Hook For Landfill Floods

Law360, Dallas (March 18, 2014, 9:41 PM EDT) -- A Texas appeals court on Friday rejected a bid by the city of El Paso to win governmental immunity from an inverse condemnation and nuisance suit launched by landowners who say their property was damaged when a city landfill flooded following heavy rains.

The Eighth Court of Appeals said the group of 17 plaintiffs, led by Guadalupe Ramirez, properly alleged the city’s management of the landfill went beyond negligence to constitute an intentional taking of their neighboring land. The court said allegations in a revised pleading...
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