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ALBERT v. CITY OF ADDISON

No. 19438.

561 S.W.2d 576 (1978)

David ALBERT, Appellant, v. CITY OF ADDISON, Appellee.

Court of Civil Appeals of Texas, Dallas.

Rehearing Denied February 16, 1978.

Attorney(s) appearing for the Case

Wade Starr, Goodstein & Starr, Dallas, for appellant.

H. Louis Nichols, Saner, Jack, Sallinger & Nichols, Dallas, for appellee.

ROBERTSON, Justice.

David Albert sued the City of Addison, seeking a mandatory order to compel the issuance of a special use permit for the sale of alcoholic beverages for off-premises consumption. Alternatively, he sought an injunction to restrain the City from refusing to issue the permit. He alleged that the City acted arbitrarily and discriminated against him in denying the permit, and accordingly, he asserted that the refusal was a constitutionally invalid exercise...

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