City of Lubbock v. Austin

DENTON, Justice.

This is a condemnation case. The trial court ruled in favor of the condemnor and awarded compensation to the landowners. The court of civil appeals reversed the trial court judgment and remanded the cause. 618 S.W.2d 552. We reverse the judgment of the court of civil appeals and affirm the judgment of the trial court.

R. A. and Yvonne Austin owned a house in Lubbock in an area zoned for single family dwellings. The Austins were in compliance with the zoning provisions applicable to their lot, which required a side yard with a minimum width of ten feet. In March of 1977, the…