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 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.