Peters v. Gough

ALEXANDER, Justice.

The trial court, upon the application of plaintiffs, issued a temporary writ of injunction restraining the officers of the city of Waxahachie from enforcing a zoning ordinance against plaintiffs who were operating a funeral home or undertaking establishment within the limits of the alleged restricted zone without a permit. Later, upon hearing of the facts, the trial court refused to dissolve the injunction. The defendants appealed.

The city of Waxahachie is a municipality of more than five thousand inhabitants. It is incorporated and has adopted the provisions of the…