Cone v. City of Lubbock

CHAPMAN, Justice.

This is an appeal from a judgment rendered for the City of Lubbock notwithstanding the verdict. Appellant, W. L. Cone, had since 1927 owned the land out which use the alleged cause of action filed by the City of Lubbock developed. It is part of a low basin area receiving run off waters, and was such even before annexed to the City of Lubbock in 1949. In 1951, the City enacted Chapter 16 of its original Lake Area Ordinance prohibiting the change of terrain in such area without approval of a cut-and-fill plan providing for adequate storm water storage after completion of any…