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POWELL v. CITY OF McKINNEY

No. 05-85-00630-CV.

711 S.W.2d 69 (1986)

John POWELL, et al., Appellants, v. CITY OF McKINNEY, Appellee.

Court of Appeals of Texas, Dallas.

Rehearing Denied June 6, 1986.

Attorney(s) appearing for the Case

Randall R. Moore and Darrell Panethiere, Law Offices of Windle Turley, P.C., Dallas, for appellants.

Kenneth C. Dippel and John M. Hill, Hutchison, Price, Boyle & Brooks, Dallas, for appellee.

Before VANCE, DEVANY and SCALES, JJ.

ON MOTION FOR REHEARING

DEVANY, Justice.

We grant the appellants' motion for rehearing, withdraw our former opinion and judgment of February 11, 1986, and substitute this opinion reversing the judgment of the trial court.

On original submission in this inverse condemnation and nuisance action we reversed the judgment of the trial court as it related to the two individuals over whom we held that we had jurisdiction. On our own motion, however, we...

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