Home/Court of Appeals of Texas/Clesi v. Northwest Dallas Imp. Ass'n

Clesi v. Northwest Dallas Imp. Ass'n

263 S.W.2d 820, 1953 Tex. App. LEXIS 1685
CourtCourt of Appeals of Texas
DecidedOctober 9, 1953
Docket14708
StatusPublished
Cited by34 cases

This text of 263 S.W.2d 820 (Clesi v. Northwest Dallas Imp. Ass'n) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Clesi v. Northwest Dallas Imp. Ass'n, 263 S.W.2d 820, 1953 Tex. App. LEXIS 1685 (Tex. Ct. App. 1953).

Opinions

YOUNG, Justice.

This is a zoning case; appellees as petitioners in the trial court seeking injunc-tive relief against Brazil Clesi, Salvadore Clesi, the City of Dallas and its Building Inspector Farrell. Both plaintiffs and the Clesis own lots in Lovers Lane Heights Addition to the City of Dallas, which addition had been zoned since municipal annexation in 1941 for single family residential use (R-7.5). In January 1953 Dallas City Council by ordinance No. 5678 had rezoned the eleven Clesi lots together with twelve others facing on Inwood Road, west side, for Apartment-2 uses; validity of said ordinance being challenged in the instant suit. Upon hearing, the court found that plaintiffs were entitled to a temporary injunction as prayed, declaring the numbered ordinance to be “wholly void”; and restraining Brazil and Salvadore Clesi from using their lots for any other than single family residential purposes until final hearing and determination of the cause, conditioned upon filing of a $7,500 bond payable to defendants. This order of restraint was duly excepted to and is here presented for review.

Lovers Lane Heights Addition embraces some 294 lots located in the north part of the Dallas municipality; the addition, so far as material here, facing on the west side of Inwood Road (a north and south street), and between Lovers Lane and University Boulevard, which streets run east and west. Portion of a zoning map in evidence sufficiently pictures the locality1;

By further reference to above map, it is seen that east-west streets between Lovers Lane and University Boulevard and intersecting Inwood are Newmore, Glenwick (or Locksley) and Emerson; that the green and brown areas at Inwood and Lovers. Lane, and eastwardly facing the latter street, constitute Inwood Shopping Village,, a business and apartment section; that going south, east side, facing Inwood to University Boulevard, are seen the following types of improvement: Across Newmore (or Boaz) is Longfellow School; across. Glenwick, the block is one-half two-story duplex, the other of single residential construction, and similarly as to the lots between Emerson and University Boulevard-Beginning at the latter street and on In-wood, west side, are six residences; then going north are seen the eight lots of Brazil Clesi where he resides and maintains a. [824]*824nonconforming cold storage plant for use in his restaurant located elsewhere in the City of Dallas. Across Locksley (Glen-wick). are the remaining 15 lots so rezoned; three owned by defendants, the others by persons who are neither parties to this suit nor appear as objecting to the ordinance in' question. Across Newmore and facing Inwood to Lovers Lane are business structures beginning with an oil and gas station.

[823]*823

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Bluebook (online)
263 S.W.2d 820, 1953 Tex. App. LEXIS 1685, Counsel Stack Legal Research, https://law.counselstack.com/opinion/clesi-v-northwest-dallas-imp-assn-texapp-1953.