NU-WAY EMULSIONS v. CITY OF DALWORTHINGTON

No. 18348.

610 S.W.2d 562 (1980)

NU-WAY EMULSIONS, INC., Appellant, v. The CITY OF DALWORTHINGTON GARDENS, Appellee.

Court of Civil Appeals of Texas, Fort Worth.

Rehearing Denied January 29, 1981.


Attorney(s) appearing for the Case

Hill, Heard & Oneal, and Frank M. Gilstrap, Arlington, for appellant.

Stanley E. Wilkes, Jr., Arlington, for appellee.


OPINION

MASSEY, Chief Justice.

Nu-Way Emulsions, Inc. operates an asphalt emulsion facility within the City of Dalworthington Gardens. In January 1979 Nu-Way sought permission from Dalworthington Gardens to construct a new above ground 1000 barrel capacity asphalt storage tank to replace its two 400 barrel underground tanks which had developed leaks. The tank was to be located in a zoning district restricted generally to residential use. Nu-Way operates...

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