zoning is peculiarly a local matter, and prohibition imposed on municipality by Home Rule Act against exercise of powers contrary to, or in limitation of, other acts of General Assembly applies only to substantive matters of statewide concern
How later courts described this case
- zoning is peculiarly a local matter, and prohibition imposed on municipality by Home Rule Act against exercise of powers contrary to, or in limitation of, other acts of General Assembly applies only to substantive matters of statewide concern
- zoning regulation requiring off street parking held applicable to proposed school construction; school code provisions weighed against the city's zoning power
- when legislature vested police power in city, not school district, the district could not exercise the city's powers
- iquoting Port Arthur Indep. Sch. Dist. v. City of Groves, 376 S.W.2d 330, 334 (Tex.1964)
Written by the judges who cited it.
The opinion
Dissenting Opinion by
Mr. Chief Justice Bell:
I dissent.
Notwithstanding the fact that the majority does not expressly decide the question, the implication and the necessary result of the majority Opinion is to enable the City to practically and effectually prohibit the erection of adequate school buildings within zoned areas or districts, in which the School Board desires and the City opposes a school.”/