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 limitations grounds. The case law is clear about when a water intrusion and trespass claim accrues and when limitations expires.
At the conclusion of the hearing, the Court requested a letter brief. We sent this letter to the Court and received a dismissal in favor of our client 15 minutes later.
It is critical that your attorney knows, understands and can effectively articulate the law.
