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WYLY v. PRESERVATION DALLAS

No. 05-04-00790-CV.

165 S.W.3d 460 (2005)

Victor WYLY, Sharon Marsh-Wyly, V. Wyly Construction Co., Inc., and Dallas City Plan Commission, Appellants, v. PRESERVATION DALLAS, Swiss Avenue Historic District Association, Marc and Ann Joseph, Charles and Traci Orr, Warren Beck Kice and Tiffany Kice, Kevin and Susan Whitney Brown, Barry W. Bradshear, and Kathleen M. Sausar, Appellees.

Court of Appeals of Texas, Dallas.

June 22, 2005.

Attorney(s) appearing for the Case

Christopher D. Bowers, Asst. City Atty., Arthur F. Selander, Quilling, Selander, Cummiskey & Lownds, P.C., Dallas, for Appellants.

John W. Slates, Gardere Wynne Sewell, LLP, Dallas, for Appellees.

Before Justices MORRIS, WHITTINGTON, and O'NEILL.

OPINION

Opinion by Justice O'NEILL.

This case involves proceedings in which the Wyly defendant-appellants sought a certificate to demolish a house in the historic Swiss Avenue district in Dallas. After an initial denial by the Landmark Commission, the Wylys appealed to the Dallas City Plan Commission (CPC), which granted permission to demolish. To prevent imminent demolition, Preservation Dallas obtained a temporary restraining order against the Wylys and...

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