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Visual Nuisance Claims Disallowed in Windfarm Case (Again)
INTRODUCTION In an Opinion issued on December 12, 2024, Texas' 11th Court of Appeals out of Eastland, Tx. upheld the trial court's dismissal of landowners' claims that the visual appearance of a neighboring windfarm project constituted a nuisance. According to the...
Nuisance Claims Against Ag Ops Are Tough
TEXAS PUBLIC POLICY FAVORS AGRICULTURE Texans are fond of saying that the Lone Star State is "Open for Business." This tag line is often used by politicians to signify that Texas laws promote business and are welcoming for companies who desire to operate here....
Writing a Winning Letter – Defense of Flooding Claim
Our client owns a shopping center, and was accused of flooding a neighboring property in violation of Chapter 11 of the Texas Water Code. The Plaintiff also claimed trespass by entry of water onto their land. We filed a Motion for Summary Judgment seeking dismissal on...