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Fox Development Company v. City San Antonio

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eBook details

  • Title: Fox Development Company v. City San Antonio
  • Author : Supreme Court of Texas
  • Release Date : January 09, 1971
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 66 KB

Description

Petitioner, Fox Development Company, Inc., is the owner of a land area outside the corporate limits of San Antonio which it proposes to subdivide and for which it seeks the delivery of electrical and gas services by the City Public Service Board of the City of San Antonio. The land is situated within five miles of the corporate limits of San Antonio as extended by its Ordinance No. 32619, thus rendering Article 974a applicable. The Board has refused to furnish the services until the plat of the subdivision is approved by the City Planning Commission as required by Section 8 of this statute. Petitioner instituted this suit to obtain a mandatory injunction ordering the furnishing of the utility services in question. The theory of the suit is that Ordinance No. 32619 is void and hence the proposed subdivision of petitioner is not within five miles of the corporate limits which, in turn, renders inapplicable the statutory requirement of approval of the subdivision plat. Denial by the trial court of the relief sought has been affirmed by the court of civil appeals. 459 S.W.2d 670. We affirm.


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