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CITY OF HOUSTON v. BLACKBIRD

No. A-10563.

394 S.W.2d 159 (1965)

CITY OF HOUSTON, Petitioner, v. Roy BLACKBIRD et al., Respondents.

Supreme Court of Texas.

Rehearing Denied October 6, 1965.

Attorney(s) appearing for the Case

John Wildenthal, Jr., City Atty., Houston, W. Lawrence Cook, Jr., Asst. City Atty., for petitioner.

Presley E. Werlein, Jr., Houston (Jack K. Leeka, Houston, of counsel), for respondents.

CALVERT, Chief Justice.

This is a suit in the nature of an appeal instituted by abutting property owners to contest the amount of assessments levied against their property for costs of paving improvements. Following a jury trial, the court rendered judgment voiding the assessments. The Court of Civil Appeals affirmed. 384 S.W.2d 929. We affirm.

The first question for decision is whether abutting property owners who sue under...

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