Legal Opinion

Schiller v. Raley

Court of Appeals of Texas

Decided July 14, 1966No. 4496PublishedCited by 6 opinions

1Opinion of the Court

OPINION

WILSON, Justice.

Appellee sought, and the trial court granted a permanent injunction, after a jury verdict, restraining appellants from operating a cattle feed lot on their land, and requiring them to remove their cattle from, the lot.

Appellants’ position is that a decree prohibiting absolutely the operation of the feed lot on their own land is not justified because they are engaged in a lawful, useful and essential business in a sparsely settled rural area devoted primarily to farming and the raising of livestock.

Plaintiff alleged, and there is evidence to show that he and his wife…

2Cases cited7 opinions

  1. Storey v. Central Hide & Rendering Co.Texas Supreme Court · 1950
  2. Lamb v. KinslowCourt of Appeals of Texas · 1953
  3. King v. MillerCourt of Appeals of Texas · 1955
  4. Georg v. Animal Defense LeagueCourt of Appeals of Texas · 1950
  5. Royalty v. StrangeCourt of Appeals of Texas · 1918

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3Cited by6 opinions

  1. Estancias Dallas Corporation v. SchultzCourt of Appeals of Texas · 1973
  2. Manchester Terminal Corp. v. Texas TX TX Marine Transportation, Inc., Texas Court of Appeals, 1st District (Houston)1989
  3. Holubec v. Brandenburger, Texas Court of Appeals, 3rd District (Austin)2001
  4. David Holubec and Mary Holubec v. Carl Brandenburger, Individually, and as Next Friend of Payton Brandenburger and Carson Brandenburger, Kathy Brandenburger, William R. Lee, Laverne Lee, and R&J Livestock Company and Batesville Farming Company, Texas Court of Appeals, 3rd District (Austin)2001
  5. McAfee MX D/B/A McAfee Moto Cross and Michael Mark McAfee v. Richard Foster, Phillip Fitzgerald, James and Sherri Estrada, Ray and Gabrielle Fletcher, Steve and Sandy Fairfield, Tim Hitchcock, and Haden Cowdry, Texas Court of Appeals, 2nd District (Fort Worth)2008

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