THE CITY OF KELLER, PETITIONER v. JOHN W. WILSON, GRACE S. WILSON, JOHNNY L. WILSON AND NANCY A. WILSON, RESPONDENTS, 168 S.W.3d 802

Summary

The owners contended that the city approved revised plans that it knew were certain to have the effect of flooding their land. The question was whether the court of appeals applied the correct standard in its legal sufficiency review by considering only the evidence and inferences that supported the finding. The court held that both the inclusive and exclusive standards for the scope of legal-sufficiency review, properly applied, must arrive at the same result, disregarding evidence contrary to the verdict unless reasonable jurors could not. The court reversed the judgment, holding that the court of appeals did not properly apply the scope of review in that the critical question was the city's state of mind because the owners had to prove the city knew that flooding was substantially certain, and the court of appeals disregarded the evidence regarding why the city approved the plan. It was uncontroverted that three sets of engineers certified that the revised plans met the city's codes...