State v. Momin Properties, Inc. and W & J Investments, Inc. D/B/A Gas "N" Stuff

OPINION

MICHAEL MASSENGALE, Justice.

The State of Texas brings this interlocutory appeal from the denial of a plea to the jurisdiction challenging the legal viability of an inverse condemnation suit brought by the owners of a corner gas station. The property at issue abutted a farm-to-market road until the State constructed an overpass, which had the effect of diverting the main flow of traffic which previously had passed directly by the gas station.

In support of its jurisdictional plea, the State presented evidence that its construction of an overpass never impeded direct access to the two…