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CITY OF HOUSTON v. PARKINSON

No. 14861.

419 S.W.2d 900 (1967)

CITY OF HOUSTON et al., Appellants, v. L. D. PARKINSON et al., Appellees.

Court of Civil Appeals of Texas, Houston (1st Dist.).

Rehearing Denied October 12, 1967.

Second Motion for Rehearing Denied November 2, 1967.

Attorney(s) appearing for the Case

Wm. A. Olson, City Atty., and Homer T. Bouldin, Trial Supervisor, Houston.

Edgar W. Monteith, Charles E. Williams and Peter S. Solito, Houston, and William P. Dobbins, San Antonio, amicus curiae in support of motion for rehearing.

Danny R. Edwards and Joel B. McCarty, Jr., Houston, for appellee.

BELL, Chief Justice.

This is an appeal from a judgment enjoining the levying of any assessment against the property owners on Alba, Fisher, Donovan and Brinkman Streets in Houston for the paving of said streets, and cancelling any assessments that had been made, and holding void the ordinance making the assessments. The judgment was based on jury findings that the only notice given of the hearing on the proposed assessments was by publication in the Houston

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