Zoning Board of Adjustment v. Marshall

BARROW, Justice.

Don Marshall brought this writ of cer-tiorari pursuant to the terms of Art. lOllg, Vernon’s Ann.Civ.Stats., complaining of the Zoning Board of Adjustment of the City of San Antonio, and seeking to reverse the ruling of the Board denying him a building permit to construct a 125' radio tower on the roof of his building. Both sides filed motions for summary judgment, the trial court overruled the motion of the Board and granted judgment on Marshall’s motion requiring the Board to issue him a building permit to construct a radio tower on top of his building.

The motions were based…