City of Houston v. Fox

On Remand from Supreme Court

Majority Opinion

COLEMAN, Justice.

Appellee sued to recover the loss in value of certain real property occasioned by the construction by appellant of an underpass at the intersection of the two streets on which said property abutted. After a trial before the court without a jury, damages were awarded.

In our original opinion, reported at 412 S.W.2d 745, this Court held that appellee’s access rights were impaired to such an extent as to constitute damage to property for public use under Article 1, Section 17, Constitution of Texas, and that there was evidence to…