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CITY OF WICHITA FALLS v. EVANS

No. 16777.

410 S.W.2d 311 (1966)

CITY OF WICHITA FALLS et al., Appellants, v. Virgil D. EVANS et al., d/b/a Save-Way Cut Rate Package Store No. 1, Appellees.

Court of Civil Appeals of Texas, Fort Worth.

Rehearing Denied January 13, 1967.

Attorney(s) appearing for the Case

H. P. Hodge, Jr., City Atty., and Malcolm L. Hughes, Asst. City Atty., Wichita Falls, for appellants.

Spence, Martin & Richie, and Gene Richie, Wichita Falls, for appellees.

OPINION

MASSEY, Chief Justice.

This case involves a declaratory judgment sought by owners and operators of certain property within the City of Wichita Falls to determine whether a certain ordinance of the city prohibited the use of a newly erected building as a liquor store. It was the contention of the city that such use was prohibited, while the owners/operators thereof believed the use was authorized under the ordinance. This was an actual, real, bona...

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