City of Denison v. Jennings Furniture Co.

CLAUDE WILLIAMS, Justice.

Jennings Furniture Company, Inc. brought this action against the City of Denison, Texas and the Denison Peanut Company seeking a mandatory injunction, and in the alternative, damages allegedly sustained to its property by virtue of the construction of a building across an alley in Denison. Plaintiff alleged that its property had a fair market value of $51,530 prior to the closing of the alley by the construction of the building and that the value afterwards was only $26,530. Following jury trial a special issue verdict was returned supporting plaintiff’s theory of…