DuPuy v. City of Waco

DuPuy v. City of Waco, 396 S.W.2d 103 (Tex. 1965), the seminal case on impairment of access, involved the City of Waco's construction of a viaduct along its existing South 17th Street. 396 S.W.2d at 104. Prior to construction of the viaduct, the property at issue in that case fronted South 17th Street and sided on an alley connected to Franklin Avenue. Id. at 104. After construction, which elevated South 17th Street above the property and left it in a cul-de-sac, DuPuy could only access his property by traversing underneath the viaduct between concrete support columns and dead-ending at his property. Id. The Texas Supreme Court concluded that construction of the viaduct had deprived DuPuy of reasonable access to his property. Id. at 110. In so holding, the court summarized the facts as follows: "Prior to the construction of the viaduct the property of DuPuy fronted on South 17th Street with full access thereto; now, South 17th Street is fourteen feet above the property and a concrete support forms a solid barrier to the immediate right of DuPuy's building. As a result, the building is left fronting on a cul-de-sac under the viaduct. It is generally held under analogous circumstances that a property owner left in a cul-de-sac is entitled to damages." Id.