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PORTER v. SOUTHWESTERN PUBLIC SERVICE COMPANY

No. 8325.

489 S.W.2d 361 (1972)

Thomas W. PORTER et al., Appellants, v. SOUTHWESTERN PUBLIC SERVICE COMPANY, Appellee.

Court of Civil Appeals of Texas, Amarillo.

Rehearing Denied January 22, 1973.

Attorney(s) appearing for the Case

Herbert C. Martin, Amarillo, for appellants.

Stone, Stone & Chambers (Ben H. Stone, Jr.), Amarillo, for appellee.

REYNOLDS, Justice.

The presented issue is whether on abstract principle a public utility's power of eminent domain is superior to the zoning ordinance of a home-rule city. We hold that it is not, and this determination requires a reversal of the trial court's judgment of dismissal.

Appellee Southwestern Public Service Company, hereinafter referred to as SPS, was granted a building permit by the City of Amarillo, a home-rule city. SPS purchased a tract of land...

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