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CITY OF WACO v. EARHART

No. 5340.

511 S.W.2d 549 (1974)

CITY OF WACO, Texas, Appellant, v. Arlon R. EARHART et al., Appellees.

Court of Civil Appeals of Texas, Waco.

Rehearing Denied July 18, 1974.

Attorney(s) appearing for the Case

Earl Bracken, Jr., City Atty., Albert R. Kuehl, Asst. City Atty., Waco, for appellant.

Charles E. Wallace, Waco, for appellees.

OPINION

JAMES, Justice.

This is an appeal by Plaintiff-Appellant City of Waco, Texas, from an order of the trial court denying a temporary injunction. We affirm.

Defendant-Appellees Arlon R. Earhart and Wilmar Dean Earhart owned a 99.3 acre tract located near the community of Spring Valley in McLennan County, Texas, through which tract they graded a street and surveyed said tract into lots. The Earharts also piped water to the lots from the nearby...

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