Stearman v. City of Farmers Branch
| Decision Date | 16 February 1962 |
| Docket Number | No. 16028,16028 |
| Citation | 355 S.W.2d 541 |
| Parties | Don W. STEARMAN et al., Appellants, v. CITY OF FARMERS BRANCH et al., Appellees. |
| Court | Texas Court of Appeals |
William D. Patterson, Dallas, for appellants.
Saner, Jack, Sallinger & Nichols and Storey, Armstrong & Steger, Dallas, for appellees.
Rule 166-A, Summary Judgment Proceedings. By petition, appellants, as plaintiffs, had sought to invalidiate a zoning ordinance of appellee City amending the City's comprehensive zoning ordinance and granting a 'special permit' to intervenor, Metropolitan Medical Center of Farmers Branch to construct a medical center, consisting of a hospital, doctors' offices and limited allied uses. Such Ordinance No. 279 had been passed by the City Council of Farmers Branch on April 3, 1961 after due notice and full hearing before the Planning and Zoning Commission and City Council. Upon hearing of the motion for summary judgment filed by the City and Intervenor, the same was sustained by the trial court on ground of no disputed fact issues concerning the legality and validity of the ordinance in question; with judgment in favor of movants, followed by this appeal.
The area involved had been originally zoned R-4 (residential). Ordinance No. 279 authorized the named medical center, a joint venture, to develop its 18.8 acre project on land adjacent to property owned by the 42 complaining plaintiffs; the latter claiming that fact issues were raised by affidavits filed by them at time of hearing of motion for summary judgment.
Extensive excerpts of the proceedings before these municipal bodies are shown in transcript. However, we have been compelled to rely on appellees' reply brief for a resume of the facts leading up to passage of the enactment. After due notice, a public hearing was held on the application for 'special permit' before the City Planning and Zoning Commission on October 25, 1960. Evidence of the lack of any hospital in Farmers Branch and a need of such of the type proposed by intervenors was presented, including the recommendation made by the Commission in January 1959 that a hospital was needed by the City. Minutes of the meeting reflected a full discussion and hearing. The application was considered at two subsequent meetings of the Planning and Zoning Commission, which body on December 11, 1960 recommended that the application be denied. After due notice, a fourhour public hearing was had before the City Council Of Farmers Branch on January 28, 1961. Recommendations of the Planning and Zoning Commission were read, and all petitions in opposition before that body were read and considered as 'evidence' before the City Council. Through the Mayor, a report was made by a fact finding committee of the Council on inspection of the site and investigation of effect of the proposed enterprise on surrounding properties and their values. A full discussion of proposed special conditions attached to such 'special permit' was had and all persons appearing in opposition to the application, including plaintiffs, were given opportunity to be heard. Each member of the Council expressed his opinion in open meeting. Then on January 28, 1961 the application for 'special permit' was approved by the City Council, Councilman Hamilton only voting 'No'. Two subsequent meetings of the City Council were devoted to consideration and preparation of special conditions for such proposed 'special permit', to which adjacent property owners opposing were invited and counsel for plaintiffs attended one of them.
On said April 3, 1961 after much discussion and full consideration, participated in by adjoining property...
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