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CITY OF EL PASO v. DONOHUE

No. 5448.

344 S.W.2d 185 (1961)

CITY OF EL PASO, Appellant, v. Genn DONOHUE, Constructive Trustee, et al., Appellees.

Court of Civil Appeals of Texas, El Paso.

Rehearing Denied March 22, 1961.

Attorney(s) appearing for the Case

Travis White, City Atty., Robert J. Galvan, Bert Williams, Asst. City Attys., El Paso, for appellant.

Kemp, Smith Brown, Goggin & White, Joe Rey, El Paso, for appellees.

FRASER, Justice.

This is a declaratory judgment case in which appellees sought to have the zoning of their property held invalid. The matter was tried to the court without a jury, the court holding that the applicable zoning ordinance of the City of El Paso was unreasonable, arbitrary and void, insofar as it applied to the appellees' property. The property here involved is a piece of land located on the south side of Paisano Drive, in the City of El Paso, and lies...

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