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City of Waco v. TEXLAND CORPORATION

425 S.W.2d 374, 1968 Tex. App. LEXIS 2531
CourtCourt of Appeals of Texas
DecidedFebruary 21, 1968
Docket4687
StatusPublished
Cited by5 cases

This text of 425 S.W.2d 374 (City of Waco v. TEXLAND CORPORATION) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
City of Waco v. TEXLAND CORPORATION, 425 S.W.2d 374, 1968 Tex. App. LEXIS 2531 (Tex. Ct. App. 1968).

Opinion

OPINION

McDONALD, Chief Justice.

Plaintiffs Texland and Kelly filed separate suits against the City of Waco to recover damages to their properties, caused by the construction by the City of a viaduct on 17th Street, on which plaintiffs’ properties fronted. No properties of plaintiffs were physically appropriated by the City, but access to plaintiffs’ properties was impaired by the viaduct. The trial court consolidated such suits. Trial was to a jury which found that Texland’s property was damaged $9,500 and that Kelly’s property was damaged $6,000 by construction of the viaduct. The trial court rendered judgment for plaintiffs on the verdict.

The City appeals, contending “the trial court erred in awarding any monetary damage to plaintiffs, as all of the damages alleged and proved are damnum absque in-juria.”

The question presented is whether damages for the diminishment in value of plaintiffs’ property resulting from impairment of access is recoverable under Article I, Sec. 17 of the Constitution of Texas, Vernon’s Ann.St., which provides: “No person’s property shall be taken, damaged or destroyed for or applied to public use without adequate compensation being made * * * ft

*375

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Related

Taub v. City of Deer Park
882 S.W.2d 824 (Texas Supreme Court, 1994)
Teague v. Raines
605 S.W.2d 485 (Court of Appeals of Arkansas, 1980)
City of Waco v. Texland Corporation
446 S.W.2d 1 (Texas Supreme Court, 1969)

Cite This Page — Counsel Stack

Bluebook (online)
425 S.W.2d 374, 1968 Tex. App. LEXIS 2531, Counsel Stack Legal Research, https://law.counselstack.com/opinion/city-of-waco-v-texland-corporation-texapp-1968.