Baber v. Preston

OPINION

MASSEY, Chief Justice.

We affirm a take nothing judgment in this case, which for purposes of appeal were resolved into a suit for declaratory judgment.

Background: In mid-year 1978 the City of Burkburnett, Texas, a Home Rule City, determined it to be advisable to take measures to provide a community antenna television system. Pursuant thereto it was deemed advisable to determine and contract with a franchisee for the supply of the service. Among those who sought to obtain such franchise was Hertis Baber, a resident, who either was already engaged in the cable television business or…