Texas Supreme Court

City of Fort Worth, Petitioner v. L. C. Johnson, Respondents

November 18, 19648 Tex. Sup. Ct. J. 105

Summary

The Texas Supreme Court reversed the Court of Civil Appeals and the trial court, remanding with instructions to enter a permanent injunction against the defendants for violating the City of Fort Worth zoning ordinance. The Court held that a zoning ordinance is presumed valid, the burden to prove it arbitrary lies with the challenger, laches is an affirmative defense that the defendants failed to prove, and enforcement is not barred by a statute of limitations.