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CITY OF TYLER v. WYNNE

No. 382.

434 S.W.2d 938 (1968)

The CITY OF TYLER, Appellant, v. J. C. WYNNE, Appellee.

Court of Civil Appeals of Texas. Tyler.

Rehearing Denied December 12, 1968.

Attorney(s) appearing for the Case

Troy Smith, Henry L. McGee, Jr., Tyler, for appellant.

Spruiell, Lowry, Potter, Lasater & Guinn, J. Donald Guinn, Tyler, for appellee.

SELLERS, Justice.

The appellee, J. C. Wynne, brought this suit in the District Court of Smith County, Texas, to cancel and hold for naught a city ordinance of the City of Tyler levying an assessment of $1.60 per front foot against appellee's property located on Loop 323 in the City of Tyler.

The case was tried before the Court without a jury, and the court, after hearing the evidence and argument of counsel, held the ordinance of the city void for the reason...

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