Legal Opinion
Courtney v. City of Sherman
Texas Court of Appeals, 5th District (Dallas)
Decided April 16, 1990No. 05-89-00901-CVPublishedCited by 5 opinions
1Opinion of the Court
OPINION
BAKER, Justice.
The central issue in this case is whether the City of Sherman can impose stricter standards upon private club permit-tees regarding the service of alcoholic beverages than those standards imposed by the Texas Legislature. We hold that it cannot.
The City adopted Zoning Ordinance 3990 which provided that all private clubs granted a permit by the State of Texas must obtain a specific use permit to operate in the City. It provided further that:
All applicants granted a specific use permit to operate a club shall conduct their business in a manner that produces gross revenues…
2Cases cited9 opinions
- Sdj, Inc., D/B/A Sugar Babes v. The City of HoustonCourt of Appeals for the Fifth Circuit · 1988
- Gulf Coast State Bank v. EmenhiserTexas Supreme Court · 1978
- Larrumbide v. Doctors Health Facilities, Texas Court of Appeals, 5th District (Dallas)1987
- City of Houston v. Plantation Land CompanyCourt of Appeals of Texas · 1969
- Royer v. RitterCourt of Appeals of Texas · 1975
4 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Bransom v. Standard Hardware, Inc.Court of Appeals of Texas · 1994
- Keene Corp. v. Gardner, Texas Court of Appeals, 5th District (Dallas)1992
- Trinity Universal Insurance Co. v. Fidelity & Casualty Co., Texas Court of Appeals, 5th District (Dallas)1992
- West End Pink, Ltd. v. City of Irving, Texas Court of Appeals, 5th District (Dallas)1999
- City of Dallas v. Dallas Merchants & Concessionaires Ass'nCourt of Appeals of Texas · 1991