Kerr v. Harris County

Edward A. and Norma Kerr, together with approximately 360 other plaintiffs (collectively, "the Kerrs"), sued Harris County and the Harris County Flood Control District (collectively, the "Harris County entities"), two municipal utility districts ("the MUDs"), and an engineering firm ("Jones & Carter, Inc."), alleging that since 1984, their activities within the White Oak Bayou watershed have caused flooding of the watershed, resulting in damage to the plaintiffs homes. The Kerrs asserted inverse condemnation and nuisance claims against the Harris County entities and the MUDs, alleging in each claim that they had "taken" their property without adequate compensation. The Kerrs also asserted negligence claims against the engineering firm, Jones & Carter. The trial court granted the defendants motions for summary judgment, and the Kerrs appealed.