The State of Texas and the Texas Department of Transportation v. Nico-Wf1, L.L.C.

This appeal questions the validity of certain conditions a grantor placed on a dedicated public-street easement. The easement in question provides for a 100-foot-wide public right of way, but the instrument dedicating the land also provides that the street’s curb lines are to be fifteen feet inside the street’s boundary lines. The issue is whether this curb-line condition limits the dedication such that only the seventy-foot area between the curb lines can be used for vehicular traffic.

The court of appeals concluded that the curb-line condition effectively limited the public easement in this…