Locke v. State

COUNTISS, Justice.

This appeal from an injunction granted appellee State of Texas under section 101.70 of the Alcoholic Beverage Code1 presents one ultimate question: did the trial court abuse its discretion by ordering an entire two story building padlocked even though the Code violations occurred only in enterprises operated on the first floor of the building? We conclude that the trial court did abuse its discretion and reverse and remand.

Appellant Robert Locke owns a two story building in the downtown area of Lubbock, Texas. The first floor of the building, containing two pool halls known…