Simons Land Co. v. City of Dallas

Court of Appeals of Texas

Simons Land Co. v. City of Dallas

510 S.W.2d 32, 1974 Tex. App. LEXIS 2998

CourtCourt of Appeals of Texas

DecidedApril 18, 1974

DocketNo. 5318

StatusPublished

Cited by4 cases

This text of 510 S.W.2d 32 (Simons Land Co. v. City of Dallas) 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.

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Simons Land Co. v. City of Dallas, 510 S.W.2d 32, 1974 Tex. App. LEXIS 2998 (Tex. Ct. App. 1974).

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Opinion

ON MOTION FOR REHEARING

HALL, Justice.

Appellant vigorously challenges our holdings on original submission. Appellant’s argument would require a holding that an application for rezoning of a 100-acre tract which was favorably and in good faith reported to the City Council by the Planning Commission without knowledge that ten acres thereof were subject to the 24-month rule must be returned to the Commission by the Council; and that, because of the rule, the Council is without authority to disregard the application insofar as it relates to the ten acres and rezone the remaining 90, even though the record before the Council fully supports this action as being the wise and proper thing to do. This cannot be the law. We decline to lay a precedent for such holding.

The record fails to show that appellant asked to be treated the same as Susman and Moore. There is no evidence thaj: appellant at any time asked the Plan Commission or the Council to permit him to proceed for rezoning of only that portion of the property included in his application that was not affected by the 24-month rule.

The motion for rehearing is overruled.

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ON MOTION FOR REHEARING

HALL, Justice.

Appellant vigorously challenges our holdings on original submission. Appellant’s argument would require a holding that an application for rezoning of a 100-acre tract which was favorably and in good faith reported to the City Council by the Planning Commission without knowledge that ten acres thereof were subject to the 24-month rule must be returned to the Commission by the Council; and that, because of the rule, the Council is without authority to disregard the application insofar as it relates to the ten acres and rezone the remaining 90, even though the record before the Council fully supports this action as being the wise and proper thing to do. This cannot be the law. We decline to lay a precedent for such holding.

The record fails to show that appellant asked to be treated the same as Susman and Moore. There is no evidence thaj: appellant at any time asked the Plan Commission or the Council to permit him to proceed for rezoning of only that portion of the property included in his application that was not affected by the 24-month rule.

The motion for rehearing is overruled.

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510 S.W.2d 32, 1974 Tex. App. LEXIS 2998, Counsel Stack Legal Research, https://law.counselstack.com/opinion/simons-land-co-v-city-of-dallas-texapp-1974.

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