City of San Antonio v. Strumberg

Gaines, Associate Justice.

This suit was brought by appellee to enjoin appellant, the city of San Antonio, and also the county of Bexar, from erecting a public building upon the open space in the city which is known as the “Military Plaza.” The trial court upon the hearing, granted a perpetual injunction and the city alone appeals.

The cause was tried upon an agreed statement of facts, from which it appears that the appellee is a property owner and a tax payer in the city, but that his property does not abut upon the plaza, and that he is not specially injured by the obstructions which were…