• Tx. Sup. Ct.
  • Chief Justice Jefferson
In this suit alleging a permanent nuisance, the court of appeals affirmed the trial court's judgment for the plaintiffs, several homeowners. Because property owner testimony is the functional equivalent of expert testimony, it must be judged by the same standards. While a nuisance can diminish values, the conclusory and speculative testimony here does not support such a finding. The court of appeals' judgment is reversed and remanded. Texas Supreme Court, No. 10-0451, 12-14-2012.