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The court rejects the district court's holding that the recreational use statute, as applied to these facts, is unconstitutional. However, the court affirms the denial of the plea to the jurisdiction as to the special and premises defect claim but reverses and renders judgment that the Shumakes failed to establish a waiver of immunity for their nuisance or attractive nuisance claims.
December 29, 2003 at 12:00 AM
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The original version of this story was published on Texas Lawyer
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