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

Summary

The Texas Supreme Court reversed the lower courts' judgments and remanded for a new trial on four issues: the improper denial of a change‑of‑venue application under Rule 258, the accrual date for the two‑year statute of limitations, whether the city’s sewage plant constituted a nuisance sufficient to support a constitutional taking claim under Article I, § 17, and the proper measurement of damages for depreciation of the farms. The Court ordered the case be removed to the proper venue and instructed the district court to follow Rule 259. Justice Norvell dissented, agreeing with the majority except on the venue ruling.