Franklin v. Pietzsch

YOUNG, Justice.

This action was initiated by individual ap-pellees against Dr. Elvin K. Franklin and the City of Mesquite, Dallas County, for abatement of an alleged statutory nuisance in form of a proposed cemetery to be located within the corporate limits of Mesquite and within five miles of the City of Dallas; also for permanent injunction and to declare void an ordinance of the Mesquite municipality authorizing such cemetery. Upon hearing, judgment of perpetual injunction was granted restraining Dr. Franklin from dedicating, operating or using his property for cemetery purposes and…