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CITY OF KYLE v. PRICE

No. 12506.

547 S.W.2d 376 (1977)

The CITY OF KYLE, Texas, et al., Appellants, v. H. Y. PRICE, Jr., Appellee.

Court of Civil Appeals of Texas, Austin.

Rehearing Denied March 16, 1977.

Attorney(s) appearing for the Case

Don W. Raven, Austin, for appellants.

James J. Pendergast, Jr., San Marcos, for appellee.

O'QUINN, Justice.

H. Y. Price, Jr., appellee, brought this action against the City of Kyle in October of 1975, for declaratory judgment and injunctive relief, challenging validity of an ordinance passed by the governing body of the City late in 1968, purportedly annexing nearly 200 acres of land, of which Price owned and lived on about 29 acres.

The City of Kyle answered with pleas that the new territory properly was added to the City by its unilateral action...

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