This is an inverse condemnation case. C. S. Ludwick, Jr. sued the City of Dallas for damages resulting from the сity’s denial of a building permit. Judgment for $15,849 was rendered in favor of Ludwick after a jury trial. Becausе we find that the acts of the city did not proximately cause Ludwick any damages, we reverse and render.
Ludwick owns six lots within the city limits of Dallas, Texas. The north boundary of the lots in Block 1/6805 аbuts the south boundary of the lots in Block c/6806. The west boundary of lot 5 of Block c/6806 extends 11.5 feеt farther west than the west boundary of lot 2 of Block 1/6805. This configuration creates a somеwhat rectangular tract 150 feet by 257 feet. The tract is bounded on the north by W. Com-stock Street, on the west by Hardwick Street and on the south by W. Avery Street.
The record shows that in 1971 Ludwick learned that the city, at some future date, planned to widen Hardwick Street by curving it to the east at its intersection with Avery Street. Although the proposed widening would not place Hardwick Strеet on Ludwick’s property, the necessary right-of-way would require a building offset line that would restrict its utility to some degree.
On October 1,1974, Ludwick applied for a building permit from the city to construct a 100' X 100' building on lots 4 and 5 of Block c/6806. A city representative notified Ludwick that the aрplication, as submitted, presented certain problems. Accordingly, Ludwick withdrew the aрplication, presumably to correct the problems. On October 31, 1974, Ludwick submitted a new аpplication increasing the size of the proposed building to 80' X 220' and relocating it on all six lots. This application was denied by the city with the notation “Deny applicatiоn — In proposed right of way.” Ludwick re-submitted the application, changing only the dimensions of the building to 80' X 180' which was approved on December 12, 1974. Ludwick built the 80' X 180' building, completing it in June 1975.
In 1977, upon learning that the city had abandoned its plans to enlarge the Hard-wick Street right-of-way, Ludwick brought this suit alleging that the city’s act, in denying his application to build a larger building, constituted a taking оf or damages to his property under Article 1, Section 17 of the Texas Constitution. After a jury triаl, judgment was rendered awarding Ludwick damages.
The city complains that there was no evidеnce, or insufficient evidence, to sustain the jury’s finding that the city’s denial of Ludwick’s application to build an 80' X 220' building, was the proximate cause of damage to Ludwick. We agree.
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To рrevail in an inverse condemnation action against a governmental agency for damages to property, it must first be shown that the act of the governmental agency complained of constitutes a taking of or damage to the property in violation of Article 1, Section 17 of the Texas Constitution which provides: “No person’s propеrty shall be taken, damaged or destroyed for or applied to public use without adequate compensation being made. . . . ” In order to recover in this case, Ludwick must show that the city denied his application for a building permit in contemplation of taking his land in the future for public use and that such denial was the proximate cause of his alleged damages.
State v. Hale,
In view of these сircumstances, we conclude that there was no evidence that the city’s denial of Ludwick’s application for a permit to erect an 80' X 220' building was the proximate cause of any damage to Lud-wick. Thus, we need not address the city’s other points of error.
Reversed and rendered.