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The deed contains no assignment of the cause of action, and there is no evidence of a new injury since the current landowner has owned the property. Cook has failed to present any evidence he has sustained a new injury since he acquired the property. Thus, Cook lacks standing to pursue a claim for injury to the property regardless of whether the injury is permanent or temporary.
September 27, 2004 at 12:00 AM
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The original version of this story was published on Texas Lawyer
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