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CITY OF PLANO v. CITY OF ALLEN

No. 16602.

395 S.W.2d 927 (1965)

CITY OF PLANO, Texas, Appellant, v. CITY OF ALLEN, Texas, Appellee.

Court of Civil Appeals of Texas, Dallas.

Rehearing Denied November 19, 1965.

Attorney(s) appearing for the Case

John Fox Holt, H. Louis Nichols, and Saner, Jack, Sallinger & Nichols, Dallas, for appellant.

Abernathy & Orr, McKinney, and Harvey L. Davis, Dallas, for appellee.

DIXON, Chief Justice.

The City of Plano, Texas, a home rule city, filed suit for a declaratory judgment to determine whether the nearby City of Allen, Texas, a general law city, has a right to construct and maintain a sewage disposal plant within the city limits of Plano without obtaining the consent of the governing body of the latter city.

The trial court rendered judgment declaring that the City of Allen does have the right to acquire property within the...

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