City of Dallas v. Dallas Merchants & Concessionaires Ass'n

OPINION

STEWART, Justice.

The City of Dallas appeals from a declaratory judgment and injunction granted by the trial court on the ground that City Ordinance 19694, which zones the location of alcohol-related businesses in the South Dallas/Fair Park area, is unconstitutional. See Tex. Const, art. XI, § 5. The trial court found that the Ordinance was preempted by and in conflict with the Texas Alcoholic Beverage Code.1 In five points of error, the City contends that the trial court erred in: (1) finding the Ordinance in conflict with the Code; (2) failing to find that the Texas Legislature…