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CITY OF LUBBOCK v. BOWNDS

No. 9287.

623 S.W.2d 752 (1981)

CITY OF LUBBOCK, Texas, Appellant, v. Frank D. BOWNDS, Appellee.

Court of Appeals of Texas, Amarillo.

Rehearing Denied October 26, 1981.

Attorney(s) appearing for the Case

John C. Ross, Jr., City Atty., Susan M. Tom, Angela L. Adams, Susan M. Horton, Asst. City Attys., Lubbock, for appellant.

Sims, Kidd, Hubbert & Wilson, Robert B. Wilson, Lubbock, for appellee.

Before REYNOLDS, C. J., and DODSON and COUNTISS, JJ.

COUNTISS, Associate Justice.

This appeal is from a trial court judgment ordering appellant, the City of Lubbock (hereafter "the City") to grant a zoning variance to appellee Frank D. Bownds (hereafter "Bownds"). Because the trial court's jurisdictional power was not fully activated when it tried the case, we reverse and remand.

Bownds started construction of a carport in front of the garage attached to his home. An employee of the City ordered him to stop...

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