City of Garland v. Texas Power & Light Co.

OPINION

McDONALD, Chief Justice.

This is an appeal by City of Garland from a judgment permanently enjoining it: 1) from interfering with the construction and operation of a 1500 foot electric line extension by TP&L in such City; and 2) from requiring a permit for such construction under its Ordinances 275 and 276.

The City Council denied TP&L’s application for permit, and TP&L brought suit against the City attacking the validity of the ordinances, and the validity of the action of the City in denying the permit. The trial court, without a jury, held denial of the permit invalid, and enjoined the…