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WEST END PINK, LTD. v. CITY OF IRVING

No. 05-99-00086-CV.

22 S.W.3d 5 (1999)

WEST END PINK, LTD., Appellant, v. CITY OF IRVING, Texas, Appellee.

Court of Appeals of Texas, Dallas.

December 14, 1999.

Attorney(s) appearing for the Case

Robert M. Greenberg, Legal Services, P.C., Dallas, for appellant.

H. Louis Nichols, Nichols, Nichols Jackson Dillard Hager & Smith LLP, Dallas, for appellee.

Before Justices KINKEADE, OVARD, and WHITTINGTON.

OPINION

Opinion By Justice OVARD.

In this appeal, we are asked to determine the constitutionality of two sections of the City of Irving's comprehensive zoning ordinance, ordinance number 1144, which limit the sale of alcoholic beverages at Irving restaurants to no more than forty percent of annual total sales. West End Pink, Ltd. brought this declaratory judgment action challenging the constitutionality of the ordinance. Specifically, West End alleged that...

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