City of University Park v. Benners

STEAKLEY, Justice.

This case concerns a comprehensive zoning ordinance of the City of University Park of Dallas County enacted under authority of Art. 1011a, 1 et seq, which would terminate the nonconforming commercial use of two lots. 2 The property is part of the estate of Mrs. Cecil L. Simpson and was purchased by her husband in 1926. Mrs. Ruth Hagaman Benners is the Executrix of the estate of Mrs. Simpson and in such capacity was plaintiff below and is respondent here. The trial court granted the motion of the City for summary judgment but this was reversed by the court of civil appeals.…