Waddy v. City of Houston

I agree with the majority that Waddy asserted a cause of action based on the theory of inverse condemnation in his plaintiff’s original petition. I further agree that the right to maintain such a cause of action is lost after the expiration of the 10-year period necessary to acquire land by adverse possession. Because I do not agree with the majority’s application of the 10-year statute to the facts in this case, I respectfully dissent.

The majority states that it is uncontested the sewer line was installed in 1919, and that the statute of limitations started running for an inverse…