Johnson v. City of Richardson, 13848.
| Decision Date | 26 September 1947 |
| Docket Number | No. 13848.,13848. |
| Citation | 206 S.W.2d 98 |
| Parties | JOHNSON v. CITY OF RICHARDSON. |
| Court | Texas Court of Appeals |
Appeal from District Court, Dallas County; Dick Dixon, Judge.
Suit by the City of Richardson against K. C. Johnson for a temporary injunction against construction of a commercial building on certain land in violation of zoning ordinances. From a judgment granting a temporary injunction, defendant appeals.
Motion to dismiss the appeal overruled, and judgment affirmed.
Andrew J. Thuss, Jr., of Dallas, for appellant.
Claude D. Bell, Sr., Claude D. Bell, Jr., and Ralph W. Kinsey, all of Dallas for appellee.
This is an appeal from the judgment of a District Court of Dallas County on verified petition of the City of Richardson for temporary injunction against the defendant K. C. Johnson to restrain said defendant, his agents, servants and employees from constructing or attempting to construct and occupy a commercial building on a certain described tract of land within said City in violation of two existing ordinances of the City, and against more comprehensive zoning ordinances then in course of adoption under authority of Art. 1011a et seq., Vernon's Annotated Civil Statutes.
On hearing, the trial court entered the judgment for temporary restraint "to continue in effect until final decree shall be entered on trial to the merits." In the judgment the trial court did not determine the validity or invalidity of the ordinances or the effectiveness of the zoning system then in course of adoption. The judgment merely holds the subject matter in statu quo pending final hearing, merely interlocutory, or provisional, without the court's determination of the merits of the suit, and it in no wise interfered with or decides the ultimate rights of the parties asserted or the defense urged. Hence the sole question presented on this appeal is: Did the trial court abuse its discretion in entering the order?
Plaintiff's petition, in effect, alleges that the defendant was erecting or threatening to erect a commercial building inimical to the ordinances of the City, and intends to use and occupy said building for purposes highly detrimental to nearby residences, school, churches and the general welfare of the City; and that the City was in course of adopting other comprehensive ordinances evidencing reasonable building regulations to effectuate the purposes of zoning applicable to all the territory of the City, and to impose no unreasonable burdens on the citizens and take away none of their constitutional rights. The defendant in answer attacks the validity of the ordinances and the effectiveness of the City's action in adopting the more comprehensive zoning ordinances as applies to defendant's action in the control of his property and the use thereof. The record...
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