CEDAR CREST NO. 10, INC. v. CITY OF DALLAS

No. 11-87-112-CV.

754 S.W.2d 351 (1988)

CEDAR CREST # 10, INC., Appellant, v. CITY OF DALLAS, Appellee.

Court of Appeals of Texas, Eastland.

Rehearing Denied June 16, 1988.


Attorney(s) appearing for the Case

Michael E. Smoller, Dallas, for appellant.

Sally Jo Field, Asst. City Atty., Dallas, for appellee.


OPINION

ARNOT, Justice.

Claiming an apartment building is a public nuisance, the City of Dallas seeks demolition of the building pursuant to DALLAS, TEX., REV.CITY CODE ch. 27 (1960). The owner, Cedar Crest # 10, Inc., appeals the trial court's finding that the building is a nuisance and its order for demolition, asserting (1) that Chapter 27 is unconstitutional, (2) there was no trial on the merits, and (3) that the City's action is barred by estoppel....

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