CITY OF LUFKIN v. McVICKER

No. 7489.

510 S.W.2d 141 (1973)

CITY OF LUFKIN, Appellant, v. B. H. McVICKER, M.D., Appellee.

Court of Civil Appeals of Texas, Beaumont.

Dissenting Opinion on Motion for Rehearing August 30, 1973.

Second Rehearing Denied September 27, 1973.


Attorney(s) appearing for the Case

Robert L. Flournoy, City Atty., Lufkin, for appellant.

Parker McVicker, Lufkin, for appellee.


KEITH, Justice.

City appeals from a judgment which denied a mandatory injunction which would have required the abatement of an alleged violation of its zoning ordinance, and we will designate the parties as they appeared in the trial court.

The defendant constructed what started out to be a fence upon his residential property line, but the improvement was soon converted into a carport. No building permit was issued...

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