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AIR CURTAIN DESTRUCTOR v. CITY OF AUSTIN

No. 12-83-0108-CV.

675 S.W.2d 615 (1984)

AIR CURTAIN DESTRUCTOR CORPORATION, Appellant, v. CITY OF AUSTIN, Texas, Appellee.

Court of Appeals of Texas, Tyler.

Rehearing Denied September 13, 1984.

Attorney(s) appearing for the Case

Skip Newsom, Booth, Lloyd & Simmons, Austin, for appellant.

Joan E. Dubinsky, Asst. City Atty., Austin, for appellee.

COLLEY, Justice.

Plaintiff/appellant Air Curtain Destructor Corporation filed suit for a declaratory judgment to void a penal ordinance which prohibited the construction, operation and use of its trench burners within the corporate limits of the City of Austin, or within 5000 feet thereof, and declared trench burners a public nuisance. Air Curtain also sought a permanent injunction against the enforcement of such ordinance. The trial court entered a take-nothing judgment...

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