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CITY OF AZLE v. TEXIAN DEVELOPER, INC.

No. 2-85-108-CV.

698 S.W.2d 264 (1985)

CITY OF AZLE, Appellant, v. TEXIAN DEVELOPER, INC., Jack Hudson, Al Swan, the City of Pelican Bay, Texas, and Its Mayor and Board of Aldermen, Dan Howard, Hazel Gates, Bonnie Schulz, Billy Heaton, Robert Lacey, and James Howard, County Judge Mike Moncrief, County Commissioners Dick Anderson, O.L. Watson, Bob Hampton, and B.D. Griffin and County Clerk Madrin Huffman, Appellees.

Court of Appeals of Texas, Fort Worth.

October 24, 1985.

Attorney(s) appearing for the Case

Kenneth N. Price, Azle, for appellant.

Cantey, Hanger, Gooch, Munn & Collins and S.G. Johndroe, Jr., Fort Worth, for appellees (Texian Developers, Inc. Jack Hudson and Al Swan).

Kerry & Harrison and Henry E. Kerry and Charles Ben Lewis, Fort Worth, for appellees (City of Pelican Bay, Texas, and Its Mayor and Board of Aldermen, Dan Howard, Hazel Gates, Bonnie Schulz, Billy Heaton, Robert Lacey, and James Howard).

Before ASHWORTH, JOE SPURLOCK, II and HILL, JJ.

OPINION

HILL, Justice.

The City of Azle appeals from the denial of a temporary injunction. Azle sought to enjoin Texian Developer from continuing to build a subdivision located near the City of Pelican Bay until the subdivision's plat was approved by Azle's Planning Commission and City Council and to enjoin the City of Pelican Bay from approving any subdivision plats outside the town's corporation limits. Additionally...

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