Texas Supreme Court hears dispute over whether statute of limitations bars injunctions in flooding nuisance case

The Supreme Court of Texas heard argument in Family Dollar Stores of Texas v. JLMH Investments, No. 240543, addressing whether a two‑year statute of limitations that bars damages for trespass and related harms can also defeat a plaintiff’s claim for injunctive relief to stop ongoing flooding and nuisance.

Petitioners’ counsel, Mister Downey, told the court the second court of appeals erred and that a plaintiff must prove a viable cause of action to obtain equitable relief. He argued that “the injunctive claim perishes along with the damages claim when a limitations defense proves that the claim accrued more than two years prior to filing,” and asked the justices to treat the limitations defense as dispositive of both legal and equitable remedies in this case.

Respondent…