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YOUNG, WILKINSON & ROBERTS v. CITY OF ABILENE

No. 11-85-123-CV.

704 S.W.2d 380 (1985)

YOUNG, WILKINSON & ROBERTS, a Texas General Partnership, Appellant, v. The CITY OF ABILENE, By and Through ITS CITY COUNCIL AND BOARD OF ADJUSTMENT, Appellee.

Court of Appeals of Texas, Eastland.

Rehearing Denied November 7, 1985.

Attorney(s) appearing for the Case

Billy W. Boone, Boone, Parker, Ladyman, Hardaway & Johnson, Abilene, for appellant.

Jonathon K. Graham, City Attorney's Office, Abilene, for appellee.

OPINION

McCLOUD, Chief Justice.

This is a zoning case. Appellant, Young, Wilkinson & Roberts, a Texas General Partnership, sought a license to sell alcoholic beverages at its restaurant in Abilene. The facts were stipulated. Appellant's property is zoned Heavy Commercial. The license was denied because appellant did not meet the requirements of Section 23-306.5.H(13)(b) of the City's Zoning Ordinance. This Zoning Ordinance provides in pertinent part...

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