The court of appeals held that a curb-line condition limited the dedication such that only the 70-foot area between the curb lines can be used for vehicular traffic and suggested that the state would have to use its eminent domain powers, if the public roadway needed to be improved or widened beyond the existing curb lines. The state has the right to improve the existing roadway to the boundary of the dedicated street line notwithstanding the curb-line condition. The court of appeals' judgment is reversed and remanded. Texas Supreme Court, No. 11-0312, 11-02-2012.
Texas v. NICO-WF1 L.L.C.
Tx. Sup. Ct.
November 6, 2012
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