City of Waco v. Archenhold Automobile Supply Co.

TIREY, Justice.

In January 1962, the City of Waco, a home rule city, began the construction of a one-way viaduct beginning at the south side of Franklin Avenue and running to Webster Street. Appellee’s property is located at the southwest corner of the intersection of South 17th Street and Franklin Avenue, such property fronting sixty feet on Franklin Avenue and extending back to the alley 165 feet. The viaduct was built wholly upon the right-of-way of the City of Waco separating the grade of South 17th Street from several railroad tracks and local industrial traffic. Prior to the construction…