In City of Waco v. Texland Corporation, 446 S.W.2d 1 (Tex. 1969), Texland sued the City of Waco for inverse condemnation, alleging that the City's construction of a viaduct had materially and substantially impaired access to its commercial warehouse. Id. at 2.
The viaduct was supported by piers, one of which was located "almost directly" in front of Texland's loading dock and doors. Id. at 4.
Witness testimony showed that although it was "not impossible" for the large transport trucks serving Texland to maneuver in the area in front of the docks, it was "difficult," and in "some places" it was "almost impractical to get to." Id.
The Texas Supreme Court held that these facts established a material and substantial impairment of access. Id.