Legal Opinion
Nu-Way Emulsions, Inc. v. City of Dalworthington Gardens
Court of Appeals of Texas
Decided December 31, 1980No. 18348PublishedCited by 3 opinions
1Opinion of the Court
OPINION
MASSEY, Chief Justice.
Nu-Way Emulsions, Inc. operates an asphalt emulsion facility within the City of Dalworthington Gardens. In January 1979 Nu-Way sought permission from Dalworth-ington Gardens to construct a new above ground 1000 barrel capacity asphalt storage tank to replace its two 400 barrel underground tanks which had developed leaks. The tank was to be located in a zoning district restricted generally to residential use. Nu-Way operates the facility there as a lawful nonconforming use.
The city building official charged with the enforcement of the zoning ordinance declined to…
2Cases cited4 opinions
- Tobin v. GarciaTexas Supreme Court · 1958
- City of Waxahachie v. WatkinsTexas Supreme Court · 1955
- King v. GuerraCourt of Appeals of Texas · 1927
- City of Dallas v. LivelyCourt of Appeals of Texas · 1942
3Cited by3 opinions
- Nu-Way Emulsions, Inc. v. City of Dalworthington GardensTexas Supreme Court · 1981
- Lit Hw 1, L.P. v. the Town of Flower Mound, Texas, the Board of Adjustment of the Town of Flower Mound, Texas, Gavin Poston A/K/A Richard Gavin Poston, in His Capacity as a Member of the Board of Adjustment of the Town of Flower Mound, Texas, Texas Court of Appeals, 2nd District (Fort Worth)2013
- Lit Hw 1, L.P. v. the Town of Flower Mound, Texas, the Board of Adjustment of the Town of Flower Mound, Texas, Gavin Poston A/K/A Richard Gavin Poston, in His Capacity as a Member of the Board of Adjustment of the Town of Flower Mound, Texas, Texas Court of Appeals, 2nd District (Fort Worth)2013