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CITY OF ARLINGTON v. BYRD

No. 2-85-230-CV.

713 S.W.2d 224 (1986)

CITY OF ARLINGTON, Texas, Appellant, v. Lester M. BYRD and Wanda J. Byrd, Abram H. Clark and Sandra L. Clark, Homer Ellis and Mary Ellis, James Hayes and Imogene Hayes, Walter S. Holtzclaw, Joel Laxson and Barbara Laxson, E.E. Rawdon and Lois Rawdon, Elizabeth Sandlin, G.R. Stephens and Dovie Stephens, John Sullivan, Virgil E. Waldrop and Betty S. Waldrop, Appellees.

Court of Appeals of Texas, Fort Worth.

July 31, 1986.

Attorney(s) appearing for the Case

Jay Dogey, City Atty., and John C. Stewart, Asst. City Atty., Arlington, for appellant.

Kerry, Harrison, Brown, Lewis, Steck & Forderhase, and William R. Brown, Goodman, Wells & McClaren, Arlington, for appellees.

Before FENDER, C.J., and HOPKINS and FARRIS, JJ.

OPINION

FARRIS, Justice.

The City of Arlington appeals a judgment declaring void an ordinance that assessed the appellees a portion of the cost of road improvements.

We affirm.

Appellees own and reside on eleven tracts adjoining Pleasant Ridge Road in the City of Arlington. Pleasant Ridge Road was a two-lane street, bordered by drainage ditches, without curbing or sidewalks. After the passage of...

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