Court of Appeals of Texas March 18, 1960, 15700 (Franklin v. Pietzsch)

YOUNG, Justice.

This action was initiated by individual ap-pellees against Dr. Elvin K. Franklin and the City of Mesquite, Dallas County, for abatement of an alleged statutory nuisance in form of a proposed cemetery to be located within the corporate limits of Mesquite and within five miles of the City of Dallas; also for permanent injunction and to declare void an ordinance of the Mesquite