VISCARDI v. PAJESTKA

No. B-7492.

576 S.W.2d 16 (1978)

Josephine VISCARDI, Petitioner, v. Albina PAJESTKA and Griffin Smith, Respondents.

Supreme Court of Texas.

Rehearing Denied December 29, 1978.


Attorney(s) appearing for the Case

Malcolm C. Smith, Robert W. Davidson, Austin, for petitioner.

Graves, Dougherty, Heron, Moody & Garwood, James C. Phillips, Austin, for respondents.


GREENHILL, Chief Justice.

Josephine Viscardi filed suit in the district court of Travis County seeking a declaratory judgment affirming her right to use an alleyway located between her property and that of Albina Pajestka. Viscardi further sought a permanent injunction prohibiting Pajestka from interfering with her use of the driveway.

The trial was held before the court sitting without a jury. The trial court granted Viscardi the relief she sought and permanently...

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