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MURMUR CORP. v. BD. OF ADJ., CITY OF DALLAS

No. 05-85-00528-CV.

718 S.W.2d 790 (1986)

MURMUR CORPORATION and Murmur Leasing Corporation, Appellants, v. The BOARD OF ADJUSTMENT OF the CITY OF DALLAS and the City of Dallas, Texas, Appellees.

Court of Appeals of Texas, Dallas.

Rehearing Denied October 27, 1986.

Attorney(s) appearing for the Case

Robert L. Meyers, III, Barry R. Knight, Dallas, for appellants.

Donald R. Postell, Dallas, for appellees.

P. Michael Jung, Dallas, amicus curiae.

Before the court en banc.

GUITTARD, Chief Justice.

Murmur Corporation brought this suit in a district court of Dallas County to review an order of the Board of Adjustment of the City of Dallas terminating immediately Murmur's alleged nonconforming use of certain land as a lead smelter. Murmur also sought a declaratory judgment establishing its right to operate the smelter and damages for interference with its operation. The trial court denied all relief sought by Murmur and issued a permanent...

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