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Kenny v. Kelly

254 S.W.2d 535, 1953 Tex. App. LEXIS 2129
CourtCourt of Appeals of Texas
DecidedJanuary 21, 1953
Docket12476
StatusPublished
Cited by5 cases

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

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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Bluebook (online)
254 S.W.2d 535, 1953 Tex. App. LEXIS 2129, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kenny-v-kelly-texapp-1953.