Viscardi v. Pajestka

GREENHILL, Chief Justice.

Josephine Viscardi filed suit in the district court of Travis County seeking a declaratory judgment affirming her right to use an alleyway located between her property and that of Albina Pajestka. Viscardi further sought a permanent injunction prohibiting Pajestka from interfering with her use of the driveway.

The trial was held before the court sitting without a jury. The trial court granted Viscardi the relief she sought and permanently enjoined Pajestka from further interference. The court of civil appeals sitting in Austin reversed the judgment of the trial court…