Albert v. City of Addison

This is a suit brought by David Albert against the City of Addison seeking a mandatory order compelling the issuance to him of a special use permit for the sale of alcoholic beverages for off-premises consumption. Summary judgment was rendered for the City and affirmed by the Court of Civil Appeals. 561 S.W.2d 576.

In Baccus v. City of Dallas, 454 S.W.2d 391 (Tex.1970), we wrote that in moving for a summary judgment the proponents of a rezoning ordinance “have the burden of establishing affirmatively by summary judgment proofs that conditions either conclusively support passage of the…