Legal Opinion

Nu-Way Emulsions, Inc. v. City of Dalworthington Gardens

Texas Supreme Court

Decided June 17, 1981No. C-173PublishedCited by 32 opinions

1Per curiam

Nu-Way Emulsions, Inc. sought a zoning permit to enlarge its asphalt emulsion plant in the City of Dalworthington Gardens. Nu-Way’s plant constituted a non-conforming use of property within an area zoned for single family dwelling. The facts are further set out in the opinion of the Court of Civil Appeals. 610 S.W.2d 562.

The zoning board of the City denied the application of Nu-Way because it constituted an enlargement of the non-conforming use in violations of the City’s ordinance against enlargement. Nu-Way appealed to the district court which upheld the position of the City. The Court of…

2Cases cited2 opinions

  1. City of San Angelo v. Boehme BakeryTexas Supreme Court · 1945
  2. Nu-Way Emulsions, Inc. v. City of Dalworthington GardensCourt of Appeals of Texas · 1980

3Cited by32 opinions

  1. Murmur Corp. v. BD. OF ADJ., CITY OF DALLAS, Texas Court of Appeals, 5th District (Dallas)1986
  2. Board of Adjustment of the City of Corpus Christi v. Flores, Texas Court of Appeals, 13th District1993
  3. Southwest Paper Stock, Inc. v. Zoning Bd. of Adjustment of City of Fort WorthCourt of Appeals of Texas · 1998
  4. J.B. Advertising, Inc. v. Sign Board of Appeals, Texas Court of Appeals, 11th District (Eastland)1994
  5. Texans to Save the Capitol, Inc. v. Board of AdjustmentCourt of Appeals of Texas · 1983

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