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OTTEN v. TOWN OF CHINA GROVE

No. 04-83-00269-CV.

660 S.W.2d 565 (1983)

Olly OTTEN, Individually and d/b/a The Swiss Chalet and The Swiss Chalet Downs, Appellant, v. TOWN OF CHINA GROVE, Appellee.

Court of Appeals of Texas, San Antonio.

Rehearing Denied September 23, 1983.

Attorney(s) appearing for the Case

Frank Y. Hill, Boerne, for appellant.

Daniel R. Rutherford, Wallace Jacobs, San Antonio, for appellee.

Before CADENA, C.J., and ESQUIVEL and DIAL, JJ.

OPINION

DIAL, Justice.

This is an appeal from the court's order granting a temporary injunction against the appellant Otten and the Swiss Chalet Downs located in the town of China Grove. China Grove sought the injunction to prohibit the operation of the Swiss Chalet Downs, a horse racing enterprise, located on Otten's private property. After a hearing, the court granted the temporary injunction based on two theories: 1) the violation of an ordinance passed...

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