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COURTNEY v. CITY OF SHERMAN

No. 05-89-00901-CV.

792 S.W.2d 135 (1990)

Ralph COURTNEY, Appellant, v. CITY OF SHERMAN, Texas, Appellee.

Court of Appeals of Texas, Dallas.

Rehearing Denied May 18, 1990.

Attorney(s) appearing for the Case

Roger D. Sanders, D. Keith Harrison, Sherman, for appellant.

Ronald H. Clark, Deborah Sterling Burleson, Sherman, for appellee.

Before WHITHAM, ROWE and BAKER, JJ.

OPINION

BAKER, Justice.

The central issue in this case is whether the City of Sherman can impose stricter standards upon private club permittees regarding the service of alcoholic beverages than those standards imposed by the Texas Legislature. We hold that it cannot.

The City adopted Zoning Ordinance 3990 which provided that all private clubs granted a permit by the State of Texas must obtain a specific use permit to operate in the City. It provided...

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