City of Abilene, Petitioner v. John F. Downs, Respondents

Summary

The Texas Supreme Court reversed the Court of Civil Appeals and remanded for a change of venue, holding that Rule 258 requires the trial court to grant the city's venue application absent an affidavit. It also affirmed that the two‑year limitations period did not bar the plaintiffs because the cause of action accrued when the sewage plant became a nuisance, that a constitutional taking claim under Article I, Section 17 requires proof of a nuisance, and that all depreciation in market value, even before the nuisance, must be included in damages.