Farmer's Marine Copper Works, Inc. v. City of Galveston

Opinion

LEVY, Justice.

Farmer’s Marine Copper Works, Inc. (“Farmer’s”), a Galveston metal fabricator, appeals from a mandatory injunction sought by the plaintiff below (the City of Galveston) ordering the removal of structures overhanging a public street. Farmer’s asserts that the structures extended over only the railroad right-of-way adjacent to its warehouse, that it had the express permission of the railroad to erect the structures over the right-of-way, and therefore the City may not force the removal of these structures without condemnation. Alternatively, Farmer’s argues that the…