DuPuy v. City of Waco

STEAKLEY, Justice.

The City of Waco constructed a viaduct on South 17th Street in 1962 to improve the movement of vehicular traffic in the city. No property of Petitioner, Leslie C. DuPuy, was physically appropriated by the City but access to his property was impaired by the viaduct. The question we are called upon to decide in this suit by DuPuy against the City is whether damages for the diminishment in value of Petitioner’s property resulting from the impairment of access is recoverable under Article I, Sec. 17, of the Constitution of Texas, Vernon’s Ann.St, which provides: “No person’s…