Legal Opinion

West Texas Water Refiners, Inc. v. S & B Beverage Co.

Texas Court of Appeals, 8th District (El Paso)

Decided January 31, 1996No. 08-94-00388-CVPublishedCited by 33 opinions

1Opinion of the Court

OPINION

McCLURE, Justice.

This appeal involves the power of the Board of Adjustment of Pecos City 1 (“Board”) to grant a special exception for the sale of beer and wine for off-premises consumption in the first of three types of commercial districts. Specifically, Appellant West Texas Water Refiners (“WTWR”) argues that the special exception is void and therefore subject to collateral attack in the district court. We reverse and render in part and reverse and remand in part.

SUMMARY OF THE EVIDENCE

The facts were stipulated at trial and are not in issue. The zoning ordinance of the Town of Pecos…

2Cases cited16 opinions

  1. Walker v. PackerTexas Supreme Court · 1992
  2. Downer v. Aquamarine Operators, Inc.Texas Supreme Court · 1985
  3. Ex Parte RoloffTexas Supreme Court · 1974
  4. City of El Paso v. Madero Development, Texas Court of Appeals, 8th District (El Paso)1991
  5. Swain v. Board of Adjustment of City of Univ. ParkCourt of Appeals of Texas · 1968

11 more not listed; retrieve them via the Exa API.

3Cited by33 opinions

  1. Ballantyne v. Champion Builders, Inc.Texas Supreme Court · 2004
  2. Truong v. City of Houston, Texas Court of Appeals, 1st District (Houston)2003
  3. City of San Antonio v. El Dorado Amusement Co., Texas Court of Appeals, 4th District (San Antonio)2006
  4. Lamar Corp. v. City of Longview, Texas Court of Appeals, 6th District (Texarkana)2008
  5. Southwest Paper Stock, Inc. v. Zoning Bd. of Adjustment of City of Fort WorthCourt of Appeals of Texas · 1998

28 more not listed; retrieve them via the Exa API.

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