The City of El Paso v. Guadalupe Ramirez

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OPINION

This is an interlocutory appeal where the City of El Paso challenges the trial court’s partial denial of its plea to the jurisdiction, and contends the underlying case should be dismissed in its entirety under the doctrine of sovereign immunity.

Appellees are property owners who reside and operate agricultural businesses located within one mile of the southwestern boundary of the Clint Landfill. *fn1 The City of El Paso (“the City”) has operated the Clint Landfill as a solid waste disposal site since it purchased the facility in the early 1980′s. The land between the landfill and the properties at issue consist primarily of unimproved, open desert. Running through the open desert to the landfill’s southwestern boarder, and leading to the Appellees’ properties, are natural drainage ways — arroyos — which have been designated by FEMA as arroyos Nine, Ten, and Eleven.

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