Simi Investment Co., Inc. v. Harris County, Tex.

Opinion on Judgment

HUGHES, District Judge.

1. Introduction.

This case is another of the endless illustrations of the truth that government is an institution that prevents injustice other than that it commits itself. Ibn-Khaldun, 1 Mu-qaddimah 262 (Franz Rosenthal, trans., 1958) (1394).

A county is preventing a landowner’s access to an adjacent street, claiming that a park separates the land from the right of way. The landowner seeks a declaration that its land abuts the right of way. Because the county’s title precludes it from creating a park between the thoroughfare and the adjacent land and…