Simms v. City of Sherman

YOUNG, Justice.

Appellants, Pastor and Trustees of the Church of God, of Sherman, Texas (an unincorporated religious body), are here protesting a judgment of permanent injunction. They had been using a structure located in the residential area of Sherman as a church, and for public worship; the particular use being prohibited by appellee’s zoning ordinance, whereby churches were given local retail classification.

The City of Sherman initiated comprehensive zoning in June, 1936. Five classes of use districts were named: A-dwelling, B-apartment, C-local retail, D-commercial and E-first…