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CITY OF HOUSTON v. EMMANUEL UNITED PENTECOSTAL CHURCH INC.

No. B-1034.

433 S.W.2d 680 (1968)

CITY OF HOUSTON, Petitioner, v. EMMANUEL UNITED PENTECOSTAL CHURCH, INC., Respondent.

Supreme Court of Texas.

Rehearing Denied December 4, 1968.

Attorney(s) appearing for the Case

William A. Olson, City. Atty., Joseph G. Rollins, Asst. City Atty., Houston, for petitioner.

Whitworth & Hoff, M. A. Whitworth, Houston, for respondent.

PER CURIAM

The Emmanuel United Pentecostal Church, Inc., the owner of two lots located in a subdivision known as Southmont Addition Annex No. 4, Harris County, Texas, sought from the City and its Director of the Department of Public Works, Houston, Texas, a permit to construct a church sanctuary on the said lots. The permit was denied upon the ground that to grant the permit would violate a restrictive covenant contained in a Deed of Dedication that all land in the...

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