Gary Pugh Realty, Inc. v. Hubbard

ON APPLICATIONS FOR REHEARING

HOUSTON, Justice.

The original opinion in this case is withdrawn and the following is substituted therefor:

Gary Pugh Realty, Inc. (“Pugh”), appeals from a summary judgment for all defendants. We affirm in part, reverse in part, and remand.

In its complaint, Pugh sought an injunction directing defendants to cease blocking a “public” road and directing that all obstructions be removed therefrom.

An entity may bring an action to prevent the obstruction of a public road where it has suffered damages different in kind and degree from those suffered by the public in…