Melton v. City of Weslaco

W. O. MURRAY, Chief Justice.

This is a suit for a declaratory judgment and injunction. There are no disputed fact issues, as all facts were stipulated by the parties.

Appellant, C. P. Melton, owns and operates the Rio Banco Farms located in Hidal-go County, Texas, and produces, among; other things, Grade “A” raw milk. Appellant is not equipped to and does not pasteurize the milk he produces. The City of Wes-laco has an ordinance, No. 231, which prohibits the retail sale of milk that has not been pasteurized, and thus prohibits appellant from selling in Weslaco his Grade “A”' raw milk. Appellant…