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Texas

Pasadena, City of v. Kinsel Indus., Inc.

The court held that under Texas law, recent legislative enactments waive, with certain limitations, immunity from suit for contract claims against local government entities. Hence, the court reversed and remanded lower court decisions...

Hallco Texas, Inc. v. McMullen County

The court dismissed a landowner's takings claim against a county for denying it a variance from a local ordinance that prohibits landfills within three miles of a water-supply reservoir. The action was barred by res judicata. The facts...

Seagull Energy E&P, Inc. v. Eland Energy, Inc.

The court holds that the sale of an oil and gas working interest, which is subject to an operating agreement, does not release the seller from any further obligations to the operator. Despite selling its working interest, the seller...

Marshall, City of v. Uncertain, City of

The court holds that while §11.122(b) of the Texas Water Code significantly restricts the issues that may be reviewed in a contested-case proceeding, it does not altogether preclude one when a proposed water rights amendment...

Burlington N. & Santa Fe Ry. Co. v. Skinner Tank Co.

The court holds that the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) §309, which preempts a state's statute of limitations if it provides a commencement date earlier than the federal commencement...

R.R. St. & Co. v. Pilgrim Enters., Inc.

The court held that an equipment and chemical supplier who gave advice to a dry cleaning service regarding waste disposal is not subject to "arranger liability" under the Texas Solid Waste Disposal Act (SWDA). In addition to the "...

Burlington N. & Santa Fe Ry. Co. v. Poole Chem. Co.

A district court held that a railroad company's negligence claim against a tank installer is barred by Texas' repose statute. The case arose after a tank located on a chemical company's property ruptured and released chemicals onto...

Texas Natural Resource Conservation Comm'n v. Lakeshore Util. Co.

The Texas Supreme Court held that a utility company knowingly violated the Texas Water Code by charging its customers unauthorized fees. There is legally sufficient evidence in the record to support the trial court's finding that the...

Holubec v. Brandenberger

The court held that a defective jury charge denied agricultural operators the protection of the Texas Right to Farm Act's affirmative defense against claims that agricultural operations are a nuisance. The Act provides that no nuisance...

Stevenson v. E.I. DuPont de Nemours & Co.

The court holds that under Texas law, property owners can recover for trespass based on contamination by emission of airborne particulates. The only showing necessary is entry over land by some "thing." In addition, evidence in this...