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CITY OF TEXARKANA v. HOWARD

No. 8999.

633 S.W.2d 596 (1982)

The CITY OF TEXARKANA, Texas, and Valentine A. Lukas, Appellants, v. Jasper S. HOWARD and Wife, Peggy Howard, Et. Al., Appellees.

Court of Appeals of Texas, Texarkana.

Rehearing Denied April 27, 1982.

Attorney(s) appearing for the Case

Paul Higgins, City Atty., James Gallman, Jr., Asst. City Atty., Harry B. Friedman, Harkness, Friedman, Kusin & Britt, Texarkana, for appellants.

Phillip N. Cockrell, Hubbard, Patton, Peek, Haltom & Roberts, Texarkana, for appellees.

BLEIL, Justice.

Jasper Howard and other landowners sued the City of Texarkana and Valentine Lukas, asking that an ordinance amending the comprehensive zoning plan be declared invalid. A trial before the court resulted in a judgment invalidating the amendatory ordinance on the basis that its enactment was unjustifiable spot zoning. We affirm.

In September, 1970, the City enacted a comprehensive zoning ordinance dividing Texarkana into seventeen zoning districts...

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