WATERBURY v. CITY OF KATY

No. 4905.

541 S.W.2d 654 (1976)

Rev. Harrol L. WATERBURY, Appellant, v. The CITY OF KATY, Texas, Appellee.

Court of Civil Appeals of Texas, Eastland.

Rehearing Denied October 14, 1976.


Attorney(s) appearing for the Case

Jeffrey R. Parsons and Martin D. Beirne (Fulbright & Jaworski), Houston, for appellant.

M. J. Dunlap, Jr., City Atty., Katy, Barnet B. Skelton (Price & Skelton), Houston, for appellee.


McCLOUD, Chief Justice.

This is an appeal from an order denying a temporary injunction. Plaintiff, Rev. Harrol L. Waterbury, sought a temporary injunction enjoining defendant, The City of Katy, from constructing or using a roadway across his property. At the time of the hearing, the road, which was designated Seventh Street, had been opened but not blacktopped. Prior to the construction, there was no road along the route designated as Seventh Street and no evidence...

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