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JUPE v. CITY OF SCHERTZ

No. 16441.

604 S.W.2d 405 (1980)

Ervin R. JUPE et ux., Appellants, v. CITY OF SCHERTZ, Texas, Appellee.

Court of Civil Appeals of Texas, San Antonio.

July 25, 1980.

Attorney(s) appearing for the Case

William M. Porter, San Antonio, for appellants.

Richard W. Harris, Joseph B. Dibrell, San Antonio, Denver F. Perkins, Gonzales, for appellee.

OPINION

MURRAY, Justice.

The City of Schertz, Texas, appellee, filed this suit to enjoin Ervin R. Jupe and wife, Linda L. Jupe, from maintaining a fence and gate across a thirty-foot strip of land running along the western boundary of their property, contending that the fence had been constructed across land dedicated as a public road. In addition to the answer filed in response to the City's petition, the Jupes filed a third party action against Stewart...

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