Dallas Merchant’s and Concessionaire’s Association, Petitioners v. City of Dallas, Respondent

Summary

The Texas Supreme Court held that Dallas's ordinance prohibiting the sale of alcoholic beverages within 300 feet of residential areas is preempted by the Texas Alcoholic Beverage Code, reversing the Court of Appeals and affirming the trial court. The Court also rejected the City’s argument that the preemption would nullify sections 61.37, 109.31‑33, and applied the doctrine of expressio unius to limit municipal authority. Justice ENOCH dissented, arguing the ordinance is a permissible local supplement to state law.