Brazos River Authority, Petitioner v. City of Graham, Respondent

Summary

The Texas Supreme Court affirmed the jury’s finding that the Brazos River Authority’s operation of Possum Kingdom Dam constituted a taking of the City of Graham’s sewage‑disposal plant, requiring compensation, but reversed the judgments on the city’s water‑treatment plant and channel‑reservoir claims and remanded them for further proceedings. The Court also held that the city’s action was barred by the two‑year statute of limitations and that the 1953 amendment to Article 5517 did not exempt the city from that limitation. Justice Smith’s dissent argued that the Authority should not be liable for any consequential damage caused by siltation.