City of Weslaco v. Melton

Respondent, Melton, seeks to have a certain ordinance of the City of Weslaco, requiring pasteurization of all milk sold and offered for sale within the City, declared unconstitutional and void. He asserts that it is in conflict with and contrary to provisions of the State Statute, Art. 165-3, and, alternatively, that the requirement of pasteurization is an unreasonable exercise of the police power by this home rule city. He also prayed for an injunction restraining the enforcement of the ordinance. Judgment in the trial court went in favor of the City declaring the ordinance valid and denying…