ELR Citation: ELR 20165
No(s). 02-40569 (5th Cir. Apr 3, 2003)

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 case showed actual contamination of the property by the emissions. Nevertheless, there was insufficient evidence to support an award of damages because the property owners failed to show the value of their land before the trespass.

Counsel for Appellant
Russell J. Manning
Hornblower, Manning & Ward
711 N. Carancahua, Ste. 1810, Corpus Christi TX 78474
(361) 888-8041

Counsel for Appellee
Warren T. Hoeffner
Hoeffner, Bilek & Eidman
440 Louisiana St., Ste. 720, Houston TX 77002
unlisted