City of Richardson v. Kaplan

The district court granted a writ of temporary injunction enjoining the City of Richardson and its attorneys, agents, servants and employees from enforcing a penal ordinance of the City of Richardson against the respondent David Kaplan and from filing criminal charges against him. The court of civil appeals affirmed. 433 S.W.2d 254. The judgment was predicated by the trial court upon a finding that the ordinance was unconstitutional, and, therefore, void, without any evidence or finding that the enforcement of the ordinance by the filing of criminal charges against the respondent would…