Texas Municipality Dismissed From Lawsuit Alleging Zoning Creates Tort Liability

Texas Municipality Dismissed From Lawsuit Alleging Zoning Creates Tort Liability

HOUSTON - Texas plaintiffs alleging that a zoning decision permits a metal finishing factory to expose them to toxic chemicals and obnoxious levels of noise cannot sue the municipality under the Fourth and 14th amendments to the U.S. Constitution for personal injuries and property damage, a magistrate judge in the U.S. District Court for the Southern District of Texas concluded Oct. 29 (Jorge Elizondo, et al. v. Royal Metal Finishing Inc., et al., No. 13-1631, S.D. Texas; 2013 U.S. Dist. LEXIS 154754).

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