IN THE

TENTH COURT OF APPEALS

No. 10-04-00045-CV

The City of Waco,

                                                                      Appellant

 v.

David Wright and Janet Key,

Individually and as Representatives

of the Estate of David Wright, Jr.,

Deceased, and the Estate of

Christopher Antonio Wright, Deceased,

                                                                      Appellees

From the 74th District Court

McLennan County, Texas

Trial Court # 2003-1168-3

          In this interlocutory appeal, we have reviewed the trial court’s denial of a plea to the jurisdiction filed by the City of Waco against claims brought by David Wright and Janet Key arising out of the deaths of two children, who drowned in a drainage culvert and tunnel constructed and maintained by the City.  We affirm the denial of the City’s plea.  City of Tyler v. Likes, 962 S.W.2d 489 (Tex. 1997); Univ. of Tex. at San Antonio v. Trevino, 2002 Tex. App. Lexis 8395 (Tex. App.—San Antonio November 27, 2002, no pet.); City of Fort Worth v. Gay, 977 S.W.2d 814 (Tex. App.—Fort Worth 1998, no pet.).

PER CURIAM

Before Chief Justice Gray,

Justice Vance, and

Justice Reyna

          (Chief Justice Gray concurring)

Affirmed

Opinion delivered and filed November 10, 2004

[CV06]