City of Wichita Falls v. Real Estate Trust

BROWN, Justice.

The City of Wichita Palls, Texas, is what is now commonly known as a Home Rule City, by reason of its large population, the provisions of the Constitution of Texas, Art. XI, section 5, Vernon’s Ann.St., and that of the State Statutes enacted in aid of the said constitutional provisions, such statutes being found in Chapter 13 of the Revised Civil Statutes of Texas, beginning with Article 1175 and continuing through and including Article 1180.

During the year 1934 it appears that the Highway Department of the State of Texas desired to order a location made on State Highway No. 5,…