City of Austin v. Avenue Corp.

WALLACE, Justice.

This is an inverse condemnation case. The trial court found a material and substantial interference with the property owner’s premises as a matter of law. A judgment was rendered for lost profits as found by the jury. The court of appeals affirmed the judgment of the trial court. 685 S.W.2d 453. We reverse the judgment of the court of appeals and the trial court and render judgment for The City of Austin.

The City of Austin, pursuant to its police power, reconstructed the street and sidewalk in front of a restaurant operated by The Avenue Corporation. For approximately nine…