Texas Supreme Court

Schneider National Carriers, Inc., Petitioners v. Andrea L. Bates, Respondents

October 1, 200448 Tex. Sup. Ct. J. 6

Summary

The Texas Supreme Court clarified the test for distinguishing temporary and permanent nuisances, holding that the distinction must be based on the frequency and constancy of the nuisance over years rather than on abatability, and determined that the residents' alleged nuisances were permanent, thereby barring their claims under the two‑year limitations period. The Court reversed the Court of Appeals and affirmed judgment for the defendants.