City of Sherman v. Simms

Mr. Judge Hickman,

of the Commission of Appeals, delivered the opinion for the Court.

There is in effect in the City of Sherman a comprehensive zoning ordinance enacted under authority of Vernon’s Civil Statutes, Arts. 1011a-1011h. Under the provisions of the ordinance churches are excluded from dwelling and apartment districts and their erection permitted only in local retail, commercial and manufacturing districts. A congregation named The Church of God, of which respondent, Rev. H. L. Simms, is the pastor and the other respondents are the trustees, began the use of a structure located in the…