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Click here for the full text of this decision FACTS:State Farm Lloyds brought a subrogation suit against the city of Arlington to recover monies it paid to an insured homeowner whose home was damaged by a sewage backup. The trial court awarded damages to State Farm, and the court of appeals affirmed. HOLDING:Affirmed. The court of appeals held that the city waived its issues by inadequate briefing, because it failed to include specific citations to the record. Because the city’s brief met the requirements laid out in Weaver v. Southwest Nat’l Bank, 813 S.W.2d 481 (Tex. 1991), the court concludes that the city did not waive its issues by failing to restate the record references in its argument and authorities section. Nor does the court agree that the city’s citations to the “entire record” waived its no-evidence issues. If the city’s no-evidence argument had been based on the strength of the evidence � for example, if the city argued that the evidence was “so weak as to do no more than create a mere surmise or suspicion” � then the city could, and should, detail the relevant parts of the record. In this case, however, the city was not arguing about the strength of the evidence, but was instead arguing that there was a complete absence of evidence on critical elements of State Farm’s claims. When a complete absence of evidence is alleged, the reviewing court must include the entire record within its scope of review. Takings liability may arise when the governmental entity “(1) knows that a specific act is causing identifiable harm; or (2) knows that the specific property damage is substantially certain to result from an authorized government action.” City of Dallas v. Jennings, ___S.W.3d___, (Tex. 2004). In this case, there was no evidence the city possessed such knowledge. In Jennings, the court noted that “[a] city is immune from liability for its governmental actions unless that immunity is waived,” and that “[o]peration of a sewer system is a governmental function.” The court therefore concluded that “the City will not be liable for damage resulting from its operation of the sewer system without a clear waiver of governmental immunity.” The court applies the same standard here, and notes that State Farm has not pointed to any applicable waiver of immunity. The court holds that the city of Arlington retained immunity from the nuisance claim. OPINION:Per curiam.

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