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CITY OF CANYON v. McBROOM

No. 07-03-0242-CV.

121 S.W.3d 410 (2003)

CITY OF CANYON, Texas, Appellant, v. Mike McBROOM and Timothy Ethan McBroom as next friend of John Curtis McBroom, a Minor, Appellees.

Court of Appeals of Texas, Amarillo.

Rehearing Overruled September 19, 2003.

Attorney(s) appearing for the Case

James L. Abbott Jr., Hester McGlasson & Cox, Canyon, for appellant.

John Mozola, Mullin Hoard & Brown, L.L.P., Amarillo for appellee.

Before JOHNSON, C.J., and REAVIS and CAMPBELL, JJ.

OPINION

PHIL JOHNSON, Chief Justice.

City of Canyon, Texas, appeals from denial of its plea to the jurisdiction in a suit to invalidate amendments to its zoning ordinance and to enjoin issuance of construction permits for property re-zoned by the amendments. We reverse in part, affirm in part, and remand for further proceedings.

BACKGROUND

On April 7, 2003, the Canyon, Texas, City Commission adopted two amendments to the City's zoning...

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