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WEST TEXAS WATER REFINERS v. S & B BEV.

No. 08-94-00388-CV.

915 S.W.2d 623 (1996)

WEST TEXAS WATER REFINERS, INC., d/b/a The Water Works, et al., Appellants, v. S & B BEVERAGE COMPANY, INC., d/b/a Furr's #974, et al., Appellees.

Court of Appeals of Texas, El Paso.

January 31, 1996.

Attorney(s) appearing for the Case

Randall W. Reynolds, Pecos, for appellants.

John Stickels, District Attorney, Monahans, Scott Johnson, Pecos, for appellees.

Before BARAJAS, C.J., and McCLURE and CHEW, JJ.

OPINION

McCLURE, Justice.

This appeal involves the power of the Board of Adjustment of Pecos City1 ("Board") to grant a special exception for the sale of beer and wine for off-premises consumption in the first of three types of commercial districts. Specifically, Appellant West Texas Water Refiners ("WTWR") argues that the special exception is void and therefore subject to collateral attack in the district court. We reverse...

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