Otten v. Town of China Grove

OPINION

DIAL, Justice.

This is an appeal from the court’s order granting a temporary injunction against the appellant Otten and the Swiss Chalet Downs located in the town of China Grove. China Grove sought the injunction to prohibit the operation of the Swiss Chalet Downs, a horse racing enterprise, located on Otten’s private property. After a hearing, the court granted the temporary injunction based on two theories: 1) the violation of an ordinance passed by China Grove prohibiting horse racing within the corporate limits of the town pursuant to TEX.REV.CIV. STAT.ANN. art. 1015 §§ 11 and 28…