State v. Momin Properties, Inc. and W & J Investments, Inc. D/B/A Gas "N" Stuff, 409 S.W.3d 1

Momin Properties owns a gas station at the intersection of Huffsmith-Kuykendahl Rd and FM 2978, leased to W&J Investments.
The State built a raised overpass on FM 2978, converting the ground-level road portion into a frontage road.
Traffic was switched to the overpass; the ground-level frontage road near the gas station was closed at the railroad tracks.
Gas station entrances remained open to both adjacent roads, preserving some access.
Momin sued for inverse condemnation, alleging a taking by the overpass construction without compensation.
The State filed a plea to the jurisdiction (sovereign immunity) and moved to dismiss; trial court denied relief, State appealed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether inverse condemnation requires material and substantial impairment of access	Momin alleges impairment of access	State contends no material impairment	No; impairment not shown; access remains reasonable.
Effect of Texas Property Code § 21.042(d) on the inverse condemnation standard	Amendment supports trial on impairment issue	Section 21.042(d) does not alter inverse condemnation standard	Section 21.042(d) does not require submission to factfinder; not altering standard.
Whether the plea to jurisdiction was properly granted given undisputed facts	Pleadings and evidence show impairment	Undisputed evidence shows open access	Trial court erred in denying plea; reverse and remand for further proceedings.

Hearts Bluff Game Ranch, Inc. v. State, 381 S.W.3d 468 (Tex. 2012) (inv. condemn. standard; impairment of access as law question)
City of Houston v. Mack, 312 S.W.3d 855 (Tex. App.—Houston 2009) (sovereign immunity and inverse condemnation framework)
Texas Department of Parks & Wildlife v. Miranda, 133 S.W.3d 217 (Tex. 2004) (jurisdictional review; pleadings construed in plaintiff's favor)