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City's Immunity Denial Upheld In Texas Sewage Suit

Law360 (December 8, 2008, 12:00 AM EST) -- The city of Midland, Texas, can't cry sovereign immunity in a citizen's lawsuit over sewage discharges he says contaminated his land, the Lone Star State's Eleventh Court of Appeals has said, upholding a lower court ruling.

On Thursday, the appellate court affirmed Midland's 238th District Court's denial of the city's claims that the court lacked jurisdiction over the citizens suit because of the city's sovereignty.

In its opinion Thursday, the appeals court quoted the Texas Supreme Court's holding in City of Dallas v. Jennings: “We therefore...
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