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GODDARD v. STOWERS

No. 14865.

272 S.W.2d 400 (1954)

W. R. GODDARD et al., Appellants, v. Charles K. STOWERS et al., Appellees.

Court of Civil Appeals of Texas, Dallas.

Rehearing Denied November 5, 1954.

Attorney(s) appearing for the Case

A. J. Thuss, Jr., Dallas, for appellants.

Leake, Henry, Golden & Burrow and Duncan Boeckman, H. P. Kucera, City Atty., and Ted P. MacMaster, Asst. City Atty., Dallas, for appellees.

YOUNG, Justice.

By Amendatory Ordinance No. 5760, of date April 7, 1953, the City of Dallas had changed the classification of the Stowers property (subject to a recognized nonconforming use) from residential to local retail; its validity being challenged by appellants in petition for injunction as unreasonable and arbitrary, having no relationship to public health, safety, convenience, or general welfare; in effect amounting to unjustifiable spot zoning. Upon hearing...

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