Holubec v. Brandenberger – Case Brief Summary (Texas)

In Holubec v. Brandenberger, 111 S.W.3d 32, 36, 46 Tex. Sup. Ct. J. 702 (Tex. 2003), the Supreme Court considered whether Texas Agriculture Code Section 251.004(a) is a statute of repose, noting that "if the one-year period prescribed in section 251.004(a) is a statute of repose, it is unique both because it is conditional and because it is so short." Id.

The court concluded that Section 251.004(a) was intended to bar a nuisance action against a lawful agricultural operation one year after the commencement of the conditions or circumstances providing the basis for that action, and therefore, it does not matter when the complaining party discovers the conditions or circumstances constituting the basis for the nuisance action. Id. at 38.