STATE v. NICO-WF1, L.L.C.

No. 11-0312.

384 S.W.3d 818 (2012)

The STATE of Texas and the Texas Department of Transportation, Petitioners, v. NICO-WF1, L.L.C., Respondent.

Supreme Court of Texas.

Decided November 2, 2012.


Attorney(s) appearing for the Case

Allan David Meesey , Assistant Attorneys General, Betsy Jane Johnson , Kristina Weber Silcocks , Randall K. Hill , Susan Desmarais Bonnen , William J. "Bill" Cobb III , David C. Mattax , Director of Defense Litigation, Office of the Attorney General, Austin TX, Daniel T. Hodge , First Asst. Attorney General, Greg W. Abbott , Attorney General of Texas, for The State of Texas.

Randolph K. Whittington , Law Office of Randolph Kimble Whittington, Harlingen, TX, for NICO-WF1, L.L.C.


Justice MEDINA delivered the opinion of the Court.

This appeal questions the validity of certain conditions a grantor placed on a dedicated public-street easement. The easement in question provides for a 100-foot-wide public right of way, but the instrument dedicating the land also provides that the street's curb lines are to be fifteen feet inside the street's boundary lines. The issue is whether this curb-line condition limits the dedication such that only the seventy...

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