DIETRICH v. PHIPPS

No. 15455.

438 S.W.2d 900 (1969)

John L. DIETRICH, Assessor and Collector of Texas for the City of Galveston, etc., Appellant, v. James H. PHIPPS, Appellee.

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

Rehearing Denied April 3, 1969.


Attorney(s) appearing for the Case

Cody D. Greer, City Atty., Gene F. Smith, Asst. City Atty., Galveston, for appellant.

Phipps, Smith, Alexander & Herz, Irwin M. Herz, Jr., Galveston, for appellee.


COLEMAN, Justice.

This is a suit to enjoin appellant, in his official capacity as tax assessor and collector of various taxing agencies, from collecting taxes on certain described property belonging to appellee located in the City of Galveston, Texas on the basis of the assessment made by the assessor-collector. The trial court, sitting without a jury, granted an injunction.

The questions involved are (1) was an arbitrary and fundamentally erroneous plan or...

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