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CITY OF LAREDO v. VILLARREAL

No. 04-01-00639-CV.

81 S.W.3d 865 (2002)

CITY OF LAREDO, Appellant, v. Eduardo VILLARREAL and Rosa Adriana Villarreal, Appellees.

Court of Appeals of Texas, San Antonio.

May 8, 2002.

Attorney(s) appearing for the Case

Albert Lopez, Lopez & Smith, P.C., San Antonio, Jaime L. Flores, City Attorney, Jerry Bruce Cain, Assistant City Attorney, Laredo, for Appellant.

Francisco J. Saldana, Jr., Law Offices of Francisco J. Saldana, Jr., Laredo, for Appellees.

Sitting: ALMA L. LÓPEZ, Justice (concurring in the judgment only), SARAH B. DUNCAN, Justice, and KAREN ANGELINI, Justice.

Opinion by KAREN ANGELINI, Justice.

The City of Laredo ("City") appeals the trial court's judgment, which was granted in favor of Eduardo and Rosa Adriana Villarreal. The Villarreals constructed a communications tower on their property in violation of the City's zoning ordinances. They requested and received a nontransferable Conditional Use Permit ("CUP"). Because they could not meet one of the CUP's conditions, they decided to build a new tower in place of the old...

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