Daine Irving Abbott v. City Kaufman

The appellants are landowners along Prairie Branch downstream from a water treatment and sewage plant operated by the appellee City of Kaufman (City). The appellants allege a taking and a damaging of their land because a substantial part is continuously flooded by water discharged from the Citys sewage treatment plant. They claim damage to other portions of their property because it is no longer accessible due to the flooding. The appellants also claim the City has created a nuisance. Asserting the defense of governmental immunity, the City moved for summary judgment. We reverse the summary judgment granted the City, and remand the cause to the trial court.