City of Gatesville v. Powell

OPINION

McDONALD, Chief Justice.

This is an appeal by defendant City of Gatesville (and Intervenors) from judgment for plaintiffs Powell, that the Gates-ville Zoning Ordinance “has no effect” on plaintiffs’ property.

Plaintiffs Powell sued the City of Gates-ville for declaratory judgment that the City’s Zoning Ordinance was of no effect as to plaintiffs’ vacant lots in two additions to the City. Intervenors are property owners in the area who intervened on the part of the City.

Plaintiffs’ lots were subject to restrictive covenants placed thereon in 1963 and 1964, that such lots “may be used for…