Baccus v. City of Dallas

The question in this case concerns the validity of a rezoning ordinance of the City of Dallas. The proponents and the contestants both moved for summary judgment. The trial court granted the motion of the proponents, City of Dallas, et al., and denied the motion of the contestants, R. L. Baccus, et ux. The court of civil appeals affirmed. Tex.Civ.App., 450 S.W.2d 389.

We agree with the holding of the court of civil appeals that, to prevail in a conventional trial on the merits, the burden is on a contestant to show that no conclusive or even controversial facts or conditions exist which offer…