City of Bellaire v. Lamkin

The petitioner, City of Bellaire, Texas, hereinafter called City is a Home Rule city and under the authority of Articles 1011, 1011a, et seq., Vernon’s Annotated Civil Statutes, it duly and legally passed a comprehensive zoning ordinance on April 19,1950. As. far as is material in our cause, this ordinance defined a front yard as “the open space between a building and the street on which it fronts.” Further, the ordinance provided that “no fence, wall or anything similar shall be permitted in the front yard.” Section 24, Subsection 7 of the said ordinance provides that “no wall, fence, or…