Legal Opinion

MJR's Fare of Dallas, Inc. v. City of Dallas

Texas Court of Appeals, 5th District (Dallas)

Decided June 21, 1990No. 05-89-00765-CVPublishedCited by 32 opinions

1Opinion of the Court

OPINION ON REHEARING

KINKEADE, Justice.

The City of Dallas filed a motion for rehearing contending that the doctrines of res judicata and collateral estoppel bar plaintiffs’ claims. Because we agree with the City of Dallas, we grant its motion, withdraw our February 26, 1990 opinion, and vacate the judgment entered on that same date. The following is now the opinion of this Court.

MJR’s Fare of Dallas, Inc. d/b/a The Fare and other existing businesses (collectively “MJR”) appeal the granting of a declaratory judgment upholding the constitutionality of amended City of Dallas Zoning Ordinance No.…

2Cases cited18 opinions

  1. United States v. O'BrienSupreme Court of the United States · 1968
  2. FW/PBS, Inc. v. City of DallasSupreme Court of the United States · 1990
  3. Agins v. City of TiburonSupreme Court of the United States · 1980
  4. Kaspar Wire Works, Inc. v. Leco Engineering and MacHine Inc.Court of Appeals for the Fifth Circuit · 1978
  5. Sdj, Inc., D/B/A Sugar Babes v. The City of HoustonCourt of Appeals for the Fifth Circuit · 1988

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3Cited by32 opinions

  1. Dallas Merchant's & Concessionaire's Ass'n v. City of DallasTexas Supreme Court · 1993
  2. Hang On, Inc. v. City of ArlingtonCourt of Appeals for the Fifth Circuit · 1995
  3. N.W. Enterprises, Inc. v. City of HoustonDistrict Court, S.D. Texas · 1998
  4. Wilkinson v. Dallas/Fort Worth International Airport Board, Texas Court of Appeals, 5th District (Dallas)2001
  5. M.J.R.'s Fare of Dallas, Inc. v. Permit & License Appeal Board of Dallas, Texas Court of Appeals, 5th District (Dallas)1991

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