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CITY OF NASSAU BAY v. WINOGRAD

No. 17396.

582 S.W.2d 505 (1979)

CITY OF NASSAU BAY, Appellant, v. Dr. Eugene WINOGRAD, Trustee, Appellee.

Court of Civil Appeals of Texas, Houston (1st Dist.).

Rehearing Denied May 24, 1979.

Attorney(s) appearing for the Case

McConnico, Gregg & Kennamer, Dick H. Gregg, Jr., Houston, for appellant.

Stolbun & Shaw, Sam L. Stolbun, Bellaire, for appellee.

Before COLEMAN, C. J., and DOYLE and PEDEN, JJ.

DOYLE, Justice.

In a proceeding pursuant to the Uniform Declaratory Judgment Act, the appellee, Dr. Eugene Winograd, Trustee, (Dr. Winograd) sought a construction of Articles 1183-1187, V.A.C.S., and of Ordinance 77-194 of the City of Nassau Bay, appellant, (Nassau Bay) as they applied to certain property owned by Dr. Winograd. From an adverse summary judgment, Nassau Bay appeals.

The material facts are undisputed. On or about December 7, 1976, Dr. Winograd...

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