# Zachry v. City of San Antonio

> Texas Supreme Court · June 5, 1957 · 157 Tex. 551

URL: https://www.frixlaw.com/law-library/cases/4898189

## Case

- **Full name:** H. B. Zachry, Trustee v. City of San Antonio
- **Court:** Texas Supreme Court
- **Decided:** June 5, 1957
- **Citations:** 157 Tex. 551; 305 S.W.2d 558; 1957 Tex. LEXIS 512
- **Precedential status:** Published
- **Opinion:** Concurrence by Garwood
- **Judges:** Garwood, Griffin, Smith
- **Cited by:** 47 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/4898189

## Opinion text

Mr. Justice Garwood
concurring.
I agree with the disposition we make of this case on the ground, and only the ground, that, under the evidence, the planned subsurface parking arrangement will destroy the present usage of the surface of the existing park to the large extent stated and will, to a very substantial degree, adversely change the character of the entire surface area as a park.
If the underground parking facilities were to be constructed without such considerable interference with the existing surface use, I think the arrangement would be entirely proper, since the rule, on which we rely to hold it improper, can have no application to the subsurface. The rule was obviously adopted with only surface parks in mind. To extend it to the subsurface, and thus to prevent urgently needed improvements, would be to sacrifice substance to mere legalism.
Opinion delivered June 5, 1957.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/4898189. Public record. Not legal advice.