ZONING BD. OF ADJUSTMENT v. GRAHAM

No. 07-82-0264-CV.

664 S.W.2d 430 (1983)

The ZONING BOARD OF ADJUSTMENT OF the CITY OF LUBBOCK, Tex., and Herman Guinn v. GRAHAM & ASSOCIATES, INC.

Court of Appeals of Texas, Amarillo.

Rehearing Denied January 23, 1984.


Attorney(s) appearing for the Case

Mick McKamie, City Atty., Greenville, McWhorter, Cobb & Johnson, David R. Langston and Brian P. Quinn, Lubbock, for appellants.

Crenshaw, Dupree & Milam, Cecil Kuhne, Lubbock, for appellee.

Before DODSON, COUNTISS and BOYD, JJ.


COUNTISS, Justice.

This is a controversy over the validity of a building permit issued by a City of Lubbock building inspector, revoked by Lubbock's Zoning Board of Adjustment and reinstated by the trial court. We reverse and render in part and affirm in part.

On December 30, 1980, a building housing a nightclub in Lubbock was partially destroyed by fire. Because of zoning changes enacted after the club opened, it was operating as a legal non-conforming use...

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