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Injury to the property occurred during the years 1976-1980, while Delta dumped on the property. The fact, on which West relies, that the injury has remained throughout West's ownership does not create a new injury to the land. Rather, the injury is a continuous, lingering injury and one for which West, a subsequent landowner without an assignment of claims, has no standing to sue.
August 01, 2005 at 12:00 AM
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The original version of this story was published on Texas Lawyer
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