Who Can File for Injunction to Close a Street In Texas ?
An injunction may not be granted to stay or prevent the governing body of an incorporated city from vacating, abandoning, or closing a street or alley except on the suit of a person:
(1) who is the owner or lessee of real property abutting the part of the street or alley vacated, abandoned, or closed; and
(2) whose damages have neither been ascertained and paid in a condemnation suit by the city nor released.
In Hale County v. Davis, 572 S.W.2d 63, 66 (Tex. Civ. App.--Amarillo 1978, writ ref'd n.r.e.), the court relied on former Texas Revised Civil Statute Annotated article 4642, section 1, repealed, now TEX. CIV. PRAC. & REM. CODE ANN. 65.011(1) (Vernon 1997), in upholding an injunction enjoining non-property owners from using a portion of a county road within property owners' boundaries to install pipelines for the nonowners' private use.
The court held the right to injunctive relief was authorized by the statute and that the equitable principles---that the property owners had an adequate remedy at law, failed to show irreparable harm, and that the balance of equities preponderated in the nonowners' favor---were inapplicable. See Hale County, 572 S.W.2d at 66.