Cedar Crest 10, Inc. v. City of Dallas

OPINION

ARNOT, Justice.

Claiming an apartment building is a public nuisance, the City of Dallas seeks demolition of the building pursuant to DALLAS, TEX., REV.CITY CODE ch. 27 (1960). The owner, Cedar Crest # 10, Inc., appeals the trial court’s finding that the building is a nuisance and its order for demolition, asserting (1) that Chapter 27 is unconstitutional, (2) there was no trial on the merits, and (3) that the City’s action is barred by estoppel. We disagree. Because Chapter 27 provides for a judicial determination of the fact of nuisance, the judgment reflects a hearing on the merits…