Texas Supreme Court

City of San Antonio v. Pigeonhole Parking of Texas, Incorporated

February 26, 1958158 Tex. 318

Summary

The Texas Supreme Court held that the City of San Antonio's ordinance prohibiting curb cuts and driveways on Houston Street is a valid exercise of the police power and does not constitute an unconstitutional taking of the respondent's property rights, reversing the lower courts and remanding for further factual development. The Court emphasized that the burden is on the property owner to show the ordinance is arbitrary, unreasonable, or oppressive, which it did not. Justice Griffin, joined by Justice Smith, dissented, arguing that the right of ingress is a property right that cannot be taken without compensation.