City of Lubbock v. Stubbs

MARTIN, Justice.

Appéllant, City of Lubbock,, as plaintiff in the trial court sought a permanent injunction restraining appellee, Roger Q. Stubbs, defendant in the trial court, from violating a zoning ordinance and building code. The issue here involves only the jurisdiction of the Court of Civil Appeals to issue a temporary injunction as requested by appellant. The merits of the case are not involved in this action.

As revealed by the fiat on the petition of the appellant, the trial court- issued a "temporary restraining order, operative until and pending the hearing below ordered, restraining…