Home/Texas Supreme Court/Nu-Way Emulsions, Inc. v. City of Dalworthington Gardens

Nu-Way Emulsions, Inc. v. City of Dalworthington Gardens

617 S.W.2d 188, 24 Tex. Sup. Ct. J. 466, 1981 Tex. LEXIS 350
CourtTexas Supreme Court
DecidedJune 17, 1981
DocketC-173
StatusPublished
Cited by32 cases

This text of 617 S.W.2d 188 (Nu-Way Emulsions, Inc. v. City of Dalworthington Gardens) is published on Counsel Stack Legal Research, covering Texas Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Nu-Way Emulsions, Inc. v. City of Dalworthington Gardens, 617 S.W.2d 188, 24 Tex. Sup. Ct. J. 466, 1981 Tex. LEXIS 350 (Tex. 1981).

Opinion

PER CURIAM.

Nu-Way Emulsions, Inc. sought a zoning permit to enlarge its asphalt emulsion plant in the City of Dalworthington Gardens. Nu-Way’s plant constituted a non-conforming use of property within an area zoned for single family dwelling. The facts are further set out in the opinion of the Court of Civil Appeals. 610 S.W.2d 562.

The zoning board of the City denied the application of Nu-Way because it constituted an enlargement of the non-conforming use in violations of the City’s ordinance against enlargement. Nu-Way appealed to the district court which upheld the position of the City. The Court of Civil Appeals affirmed.

We are of the opinion that the result reached by the Court of Civil Appeals was correct. We do not agree with the portion of the opinion of that court which states that the decision of the zoning board is to be tested by the substantial evidence rule. City of San Angelo v. Boehme Bakery, 144 Tex. 281, 190 S.W.2d 67 (1945). By emphasizing this holding by the Court of Civil Appeals, we do not wish to be understood as adopting other portions of the opinion.

The application for writ of error is refused, no reversible error.

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Bluebook (online)
617 S.W.2d 188, 24 Tex. Sup. Ct. J. 466, 1981 Tex. LEXIS 350, Counsel Stack Legal Research, https://law.counselstack.com/opinion/nu-way-emulsions-inc-v-city-of-dalworthington-gardens-tex-1981.