Court of Appeals of Texas December 29, 1972, 8325 (Porter v. Southwestern Public Service Company)

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United States · · · 29-12-1972

REYNOLDS, Justice.

The presented issue is whether on abstract principle a public utility’s power of eminent domain is superior to the zoning ordinance of a home-rule city. We hold that it is not, and this determination requires a reversal of the trial court’s judgment of dismissal.

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