El Paso Can't Duck Takings Suit Over Flood

Law360, Dallas (December 20, 2012, 3:16 PM EST) -- A Texas appellate court on Wednesday denied a bid by the city of El Paso to dodge a takings suit brought by two businesses that allege it failed to properly adjust its drainage system following nearby residential development, leading to a flood that destroyed their property.

The court said evidence in the case hasn’t yet clearly established whether El Paso is entitled to governmental immunity from the suit and said a trial judge should decide fact questions still pending, including whether and how much the city...
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