Waterbury v. City of Katy

McCLOUD, Chief Justice.

This is an appeal from an order denying a temporary injunction. Plaintiff, Rev. Har-rol L. Waterbury, sought a temporary injunction enjoining defendant, The City of Katy, from constructing or using a roadway across his property. At the time of the hearing, the road, which was designated Seventh Street, had been opened but not blacktopped. Prior to the construction, there was no road along the route designated as Seventh Street and no evidence that the route had ever been used by the public or any individual as an access way across the property. Plaintiff prayed that on…