League City v. W. R. Flora & Sons, Inc.

COLEMAN, Justice.

This is a suit to enjoin the enforcement of a penal ordinance. The appeal is from an order granting a temporary injunction.

There are two appellees. W. R. Flora & Sons, Inc. are engaged in the business of selling top soil, sand and fill dirt. This appellee has contracted with appellee, Earl Turner, to remove and sell top soil, sand and fill dirt from a 45.16 acre tract of land owned by Turner in the City of League City, Texas, agreeing to pay to him a fixed sum per yard for the material removed and sold, and also agreeing to pay him a minimum monthly payment of $300.00…