City of Jacksonville v. Hill-Tex Communications, Inc.

McKAY, Justice.

This appeal involves a zoning ordinance of the City of Jacksonville, Texas (City). Hill-Tex Communications, Inc. (Hill-Tex) filed suit against the City seeking an injunction prohibiting the City from interfering with its use of a metal tower constructed upon its property. City sought a summary judgment and a mandatory injunction to require Hill-Tex to remove the tower. The motion for summary judgment was denied and the cause was tried before a jury.

The jury found (1) that the tower was not in violation of Zone “B” of the Zoning Ordinance of the City; (2) that the City was…