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 a compensable taking; the ordinance is not retroactive and is not arbitrary, so the trial court's denial of a writ of mandamus was reversed and the case remanded for the respondent to show any unreasonable burden. Justice Griffin dissented, arguing that the right of ingress is a property right that cannot be taken without compensation.