From Casetext: Smarter Legal Research

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

Supreme Court of Texas
Jun 17, 1981
617 S.W.2d 188 (Tex. 1981)

Summary

In Nu-Way Emulsions, Inc. v. City of Dalworthington Gardens, 617 S.W.2d 188 (Tex. 1981), the supreme court expressly stated that the decision of a zoning board is to be reviewed by an abuse of discretion standard according to the rule announced in Boehme Bakery.

Summary of this case from J.B. Advertising, Inc. v. Sign Board of Appeals

Opinion

No. C-173.

June 17, 1981.

Appeal from the District Court No. 141, Tarrant County, James E. Wright, J.

Hill, Heard Oneal, Frank M. Gilstrap, Arlington, for petitioner.

Stanley E. Wilkes, Jr., Arlington, for respondent.


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 nonconforming 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.


Summaries of

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

Supreme Court of Texas
Jun 17, 1981
617 S.W.2d 188 (Tex. 1981)

In Nu-Way Emulsions, Inc. v. City of Dalworthington Gardens, 617 S.W.2d 188 (Tex. 1981), the supreme court expressly stated that the decision of a zoning board is to be reviewed by an abuse of discretion standard according to the rule announced in Boehme Bakery.

Summary of this case from J.B. Advertising, Inc. v. Sign Board of Appeals
Case details for

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

Case Details

Full title:NU-WAY EMULSIONS, INC., Petitioner, v. The CITY OF DALWORTHINGTON GARDENS…

Court:Supreme Court of Texas

Date published: Jun 17, 1981

Citations

617 S.W.2d 188 (Tex. 1981)

Citing Cases

Murmur v. Bd. of Adjustment of Dallas

The main question is whether the board's order was an abuse of its discretion. Nu-Way Emulsions, Inc., v.…

City of Dallas v. Vanesko

The trial court must only answer a question of law, i.e., whether the board abused its discretion. See Nu-way…