MINTON v. CITY OF FORT WORTH PLANNING COM'N

No. 2-87-125-CV.

786 S.W.2d 563 (1990)

Joseph J. MINTON, Jr., Appellant, v. CITY OF FORT WORTH PLANNING COMMISSION and Attorney General of Texas, Appellees.

Court of Appeals of Texas, Fort Worth.

March 28, 1990.


Attorney(s) appearing for the Case

Ben A. Douglas, Daniel J. Endres, Douglas, Kressler & Wuester, P.C., for Minton.

Wade Adkins, City Atty., William W. Wood, Deputy City Atty., Daniel M. Tartaglia, Asst. City Atty., for City of Fort Worth Planning Com'n.

Before WEAVER, C.J., and JOE SPURLOCK, II and LATTIMORE, JJ.


OPINION

LATTIMORE, Justice.

Appellant, Joseph J. Minton, Jr., filed suit for a declaratory judgment. He contends that TEX.REV.CIV.STAT.ANN. art. 974a, § 5(c)(2) (Vernon 1987) (now codified, as modified, at TEX.LOCAL GOV'T CODE ANN. § 212.015(c) (Vernon 1988)) is unconstitutional. TEX.CIV.PRAC. & REM. CODE ANN. § 37.003 (Vernon 1986). The trial court declared former article 974a, § 5(c)...

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