Farmers Marine Copper Works v. City Galveston

Farmers Marine Copper Works, Inc. ("Farmers"), a Galveston metal fabricator, appeals from a mandatory injunction sought by the plaintiff below (the City of Galveston) ordering the removal of structures overhanging a public street. Farmers asserts that the structures extended over only the railroad right-of-way adjacent to its warehouse, that it had the express permission of the railroad to erect the structures over the right-of-way, and therefore the City may not force the removal of these structures without condemnation. Alternatively, Farmers argues that the structures were erected pursuant to a contract with the City of Galveston in which the City agreed to abandon a public alley, and Farmers agreed to greatly expand its warehouse. Farmers argues that the City is therefore estopped by contract or, alternatively, equitably estopped, from forcing the removal of the structures.