Texas Supreme Court

The State of Texas v. Texas Pet Foods, Inc.

November 14, 197923 Tex. Sup. Ct. J. 66

Summary

The Texas Supreme Court held that the trial court's permanent injunction against Texas Pet Foods, Inc. was proper because the jury's findings of past violations established a present or threatened violation under the Texas Clean Air, Water Quality, and Renderers’ Licensing Acts. The Court also affirmed the appellate court's reduction of civil penalties for Sundays, finding sufficient evidence that the sixth cooker was operated on at least 409 days. The decision clarifies that a jury does not decide the propriety of injunctive relief and that "operation" includes maintaining equipment in a ready state.