White v. City of Port Arthur
White v. City of Port Arthur
Opinion of the Court
This is an appeal from a judgment of the district court of Jefferson county, dissolving a temporary restraining order theretofore issued and denying an application for a temporary injunction.
The appellants, Carl White,. G. H. McFarland and Mrs. Carroll Holt, a feme sole, brought suit against the City of Port Arthur, and others, to enjoin them from
The City of Port Arthur lies upon the western shore of Sabine Lake, in Jefferson County, which is bordered on the south by the Gulf of Mexico. The original town-site of Port Arthur was laid out and platted by the Port Arthur Townsite Company. Upon the map and plat appear the location of Lakeshore Drive as a street bordering' Lake Sabine, and also appear various plats of ground between Lakeshore Drive and platted lots and blocks, which were dedicated for use as parks and playgrounds. Approximately 40 years before this suit arose the United States Government constructed between the City and Lake Sabine the Sabine-Neches ship channel, a deep channel extending from the Gulf of Mexico through Sabine Pass along the western shore of Lake Sabine to the mouth of the Neches river. The location of the proposed pumping station is in a portion of Lakeshore Drive as originally dedicated, which has been washed away or eroded in places by the action of the waves of water of such channel. The City of Port Arthur constructed a sea wall and levee along the west bank of such channel in Lakeshore Drive as dedicated, and in such construction the eroded portion of land at that point was restored by excavations taken from the channel. A concrete road or driveway was constructed on top of such sea wall and it is now used as a public street and driveway.
In 1929 the State of Texas, by an Act of the Legislature, Gen. and Sp.Laws, c. 292, granted to the City of Port Arthur a remission of eight-ninths of all ad valorem taxes collected in Precinct No. 2 of Jefferson county, Texas, in which precinct the City of Port Arthur is situated, such money to be used for the purpose of paying off bonds issued to construct a sea wall, storm protection and other works to protect the City of Port Arthur, its citizens and industries from hurricanes, high tides and storm waters. This legislative Act was authorized by Article 11, Section 8, of the Con
, “Said county commissioners’ court, and municipal authorities, shall have the power to impose such additional uses and burdens upon all streets, alleys, public highways and other public grounds as they may deem necessary for the location, erection, construction and maintenance of seawalls, breakwaters, levees, dikes, floodways and drainways, and to license, regulate or grant such additional uses of said seawalls, breakwaters, levees, dikes, floodways or drainways as will not impair their efficiency.”
There is ample evidence in the record to warrant a finding as a fact that the City of Port Arthur was building and is building as an additional part of its sea wall project an extensive drain system and large drainway from one section of the city to the point at which the proposed pumping station would lift water from the enclosed city over or under the sea wall into the Sabine-Neches canal; that in the judgment of its engineers this location was suitable and proper as a place at which to locate the pumping station; that this location is wholly within Lakeshore Drive and is not in a, public park or playground.
The controversy before us for determination resolves itself into the question of whether the City of Port Arthur is authorized by virtue of the statute above quoted to make use of a portion of Lakeshore Drive for the location of its pumping station in the face of the fact that said land was dedicated for use as a public street, and a portion of such ground in the past has been maintained and used as a public park.
On the authority of First National Bank of Port Arthur v. City of Port Arthur, Tex.Civ.App., 35 S.W.2d 258, by this court, the proposed pumping station must be considered to be an essential and .necessary and component part of the sea wall project of Port Arthur and when completed will be a part of the sea wall project. The placing of a pumping station in a portion of Lakeshore Drive will not interfere with its use as a public street or driveway. ;The statute quoted above authorizes the authority charged with the duty of constructing and maintaining sea walls to impose additional uses and burdens upon streets and highways for the location, con- • struction and maintenance of sea walls, drainways, etc. We believe therefore that the City of Port Arthur is not exceeding its authority in locating its pumping station at the point selected by it near the intersection of DeQueen Boulevard and Lake-shore Drive.
The appellants maintain that the dedication of Lakeshore Drive was made for a specific purpose and that the proposed use of it by the City of Port Arthur is not in conformity with the dedication and is a misuse thereof. They rely upon >the cases of Clement, et al. v. City of Paris, 107 Tex. 200, 175 S.W. 672, by the Supreme Court, and City of Fort Worth v. Burnett, 131 Tex. 190, 114 S.W.2d 220, also by the Supreme Court." After a careful examination of these and other authorities cited by the appellants, we are unable to agree that the rule of law announced therein is applicable to and controlling in the present controversy. It is noted that both such opinions deal with cases in which individuals-had made gifts of property to cities for specific purposes and that the cities were attempting to make use of' the land thus dedicated in a manner totally inconsistent with the purposes to which it was dedicated. In the case of Clement et al. v. City of Paris, supra, it is pointed out in the opinion that it was beyond the power of the city officials to appropriate the land for a different public use entirely inconsistent with the use originally intended and that such land can be used only in ways that are kindred to those which would obtain under such dedication at the time. The use of a portion of Lakeshore Drive by the City of Port Arthur as a part of its sea wall system is not entirely inconsistent with its dedication as a public street. Such a use by the city is in keeping with and
In view of the unquestioned need for protection against storms, overflows and flood waters in the coastal counties of Texas and the importance to the economy of the whole state of keeping its ports open for the flow of its commerce through them, .the courts will not interfere with any reasonable action of the sea wall authorities in the furtherance of their duties and the discharge of their responsibilities to erect and maintain for the public benefit adequate sea walls and drainways. From the record in this case the action of the City of Port Arthur in building its pumping station at the point selected must thus be regarded.
The judgment of the district court is affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.