Harmon v. City of Dallas

YOUNG, Justice.

The opinion of this Court of a former day reversing and remanding above cause is set aside and withdrawn; and in lieu thereof we now file the following opinion of affirmance, Justice CRAMER dissenting:

Appellant’s trial petition (first amended original) was in nature of a mandamus to require the City to rezone one of his suburban lots from a present residential status to local retail 1; and, ancillary thereto, for mandatory order requiring appellee to issue permit authorizing construction of a business building (drugstore) on said lot. Defendant interposed a motion to dismiss…