City of Lufkin v. McVicker

510 S.W.2d 141 (1973)

CITY OF LUFKIN, Appellant,

v.

B. H. McVICKER, M.D., Appellee.

No. 7489.

Court of Civil Appeals of Texas, Beaumont.

July 19, 1973.

Dissenting Opinion on Motion for Rehearing August 30, 1973.

Second Rehearing Denied September 27, 1973.

Robert L. Flournoy, City Atty., Lufkin, for appellant.

Parker McVicker, Lufkin, for appellee.

KEITH, Justice.

City appeals from a judgment which denied a mandatory injunction which would have required the abatement of an alleged violation of its zoning ordinance, and we will designate the parties as they appeared in the trial court.

The defendant…