DIXON, Chief Justice.
This is a suit for damages under art. I, sec. 17 of the Constitution of the State of Texas, Vernon's Ann.St. The trial court dismissed the suit on the ground that plaintiff's petition failed to allege a cause of action.
Appellant Emmett R. Johnson, plaintiff in the trial court, alleged in his petition that he owns 331/8 acres of unimproved land now within the city limits of the City of Dallas, Texas; and that appellee Dallas
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