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Kenny v. Kelly

254 S.W.2d 535, 1953 Tex. App. LEXIS 2129
Court of Appeals of Texas·Decided January 21, 1953·No. 12476·Published·Cited by 5 cases

Opinion

NORVELL, Justice.

Joseph T. Kenny and approximately fifty other landholders in the vicinity, sought to enjoin W. A. Kelly, doing business as Kelly Construction Company, the City of San Antonio, and Guy A. Thompson, trustee in bankruptcy for the International-Great Northern Railroad Company, from constructing or permitting the construction of a spur railroad track onto New City Block 7301 of the City of San Antonio, and from recognizing as valid a 1949 amendment of the City’s zoning ordinance removing said Block No. 7301 from a “B” residential zone and placing the same in a “J” commercial classification.

After a hearing before the court without a jury, judgment was rendered denying plaintiffs all relief prayed for.and decreeing *536 that they take nothing. Findings of fact and conclusions of law were requested and filed.

For a better understanding of the court’s findings we reproduce here a portion of an aerial photograph of the area involved (which was introduced in evidence), upon which we have superimposed block lines and numbers, as well as the boundary lines separating the “B” residential zone from the “J” commercial zone in the area. The heavy solid lines (which exclude Block 7301) indicate the “J” commercial zone in the area, according to the ordinance of July 2, 1942. The broken lines on the east and south boundary lines of Block 7301 indicate the change made in the ordinance by the City Council of the City of San Antonio on May 26, 1949, whereby Block 7301 was removed'from the “B” residential to the “J” commercial zone. The plat follows:

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Kenny v. Kelly, 254 S.W.2d 535, 1953 Tex. App. LEXIS 2129 (Tex. Ct. App. 1953).

254 S.W.2d 535 (Kenny v. Kelly) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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