How this document has been cited
—it was held that the fact that the city engineer had issued a permit for the construction of a building for the manufacture of ice in a district in which such manufacture was prohibited and that the city officials had failed to inform the permittees that such use was not permitted did not estop the city from enforcing the provisions of the zoning ordinance.
- in Municipalities and the Law in Action and 10 similar citations
If reasonable minds may differ as to whether or not a particular zoning restriction has a substantial relationship to the public health, safety, morals or general welfare, no clear abuse of discretion is shown and the restriction must stand as a valid exercise of the city's police power.
- in City of Waxahachie v. Watkins, 1955 and 7 similar citations
St. art. 1013 (repealed; now, this section) which required publication of penal ordinances in such papers applied to cities chartered otherwise than by general law.
- in Local Government Code and 2 similar citations
" `If the question is fairly debatable as to whether the zoning ordinance is arbitrary and unreasonable and has no substantial relation to public health, safety, morals, or general welfare, the court will not interfere.'"
- in City of Lubbock v. Whitacre, 1967 and one similar citation
—city not estopped from enforcing zoning ordinance prohibiting ice manufacturing plant in a zoning district where landowner relied on an invalid building permit issued by city engineer
- in The Texas Rule of Estoppel in Zoning Cases and one similar citation
That a business located in a prohibited zone would be more profitable, or the property more valuable, than in another zone does not make the restrictive ordinance arbitrary and unreasonable.
—court looks at conditions as they existed on date of adoption when determining reasonableness of ordinance
- in A Sign of the Times: Billboard Regulation and the First Amendment Symposium … and one similar citation
It has been interpreted to mean that if substantial changes are made in a proposed zoning ordinance after hearing a new hearing must be conducted.
- in Local government law: text, cases & other materials and one similar citation
However, "[t] he fact that a city official or employee fails in certain particulars to enforce the regulation cannot render it invalid, nor estop the City from asserting its validity."
- in A constitutional basis for zoning: the Texas Supreme Court and 2 similar citations
Cited by
330 SW 2d 892 - Tex: Court of Civil Appeals, 2nd Dist. 1959
520 SW 2d 824 - Tex: Court of Civil Appeals, 10th Dist. 1975
524 SW 2d 735 - Tex: Court of Civil Appeals, 9th Dist. 1975
507 SW 2d 828 - Tex: Court of Civil Appeals, 10th Dist. 1974
500 SW 2d 242 - Tex: Court of Civil Appeals, 6th Dist. 1973
502 SW 2d 570 - Tex: Court of Civil Appeals, 12th Dist. 1973
178 SE 2d 352 - NC: Supreme Court 1971
451 SW 2d 275 - Tex: Court of Civil Appeals, 3rd Dist. 1970
414 SW 2d 497 - Tex: Court of Civil Appeals, 7th Dist. 1967
408 SW 2d 545 - Tex: Court of Civil Appeals, 4th Dist. 1966