CITY OF SAN ANTONIO v. CONGREGATION OF SISTERS OF CHARITY

No. 4064.

360 S.W.2d 580 (1962)

CITY OF SAN ANTONIO et al., Appellants, v. The CONGREGATION OF the SISTERS OF CHARITY OF the INCARNATE WORD et al., Appellees.

Court of Civil Appeals of Texas, Waco.

Rehearing Denied October 11, 1962.


Attorney(s) appearing for the Case

Crawford B. Reeder, San Antonio, Will Wilson, Atty. Gen., Morgan Nesbitt, Asst. Atty. Gen., Austin, Truehart, McMillan & Russell, San Antonio, for appellants.

Pat Maloney and Jack Pasqual, San Antonio, O'Quinn, McDaniel & Randle, Austin, Perry Rowan Smith, San Antonio, for appellees.


WILSON, Justice.

Summary judgment was rendered for appellees in their declaratory judgment action; and the City of San Antonio, the State of Texas and the State Highway Commission were permanently restrained from furthering an attempt to effect conveyance of a portion of Brackenridge Park, or the construction of a highway thereon. Appellants do not contend the judgment was improper because of existence of material fact issues; they urge the judgment was erroneous...

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