WENDE v. BOARD OF ADJUSTMENT

No. 04-99-00577-CV.

27 S.W.3d 162 (2000)

Steve WENDE, Charles Brown, and the City of Shavano Park, Appellants, v. THE BOARD OF ADJUSTMENT OF THE CITY OF SAN ANTONIO and Martin Marietta Materials Southwest, Inc., Appellees.

Court of Appeals of Texas, San Antonio.

Rehearing Overruled August 16, 2000.


Attorney(s) appearing for the Case

Gerald T. Drought, Frank Burney, Paul A. Fleck, Martin, Drought & Torres, Inc., San Antonio, for Appellant.

Bruce Robertson, Jr., Law Offices of Bruce Robertson, Jr., Donald S. Batne, William W. Morris, Asst. City Atty., Charles W. Shipman, W. Alan Wright, Stephen P. Allison, Haynes & Boone, L.L.P., Wallace B. Jefferson, Nissa M. Sanders, Crofts, Callaway & Jefferson, P.C., San Antonio, for Appellee.

Sitting: PHIL HARDBERGER, Chief Justice, TOM RICKHOFF, Justice, KAREN ANGELINI, Justice.


ON APPELLEES' MOTIONS FOR REHEARING

Opinion by: TOM RICKHOFF, Justice.

The motions for rehearing of the Board of Adjustment of the City of San Antonio and Martin Marietta Materials Southwest, Inc. are granted. This court's opinion and judgment of December 8, 1999, are withdrawn and the following opinion and judgment are substituted therefor.

In this appeal, we must determine whether the Board of Adjustment of the City of San Antonio abused its discretion...

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