City Richardson v. David Kaplan Book Reviews

City Richardson v. David Kaplan by The Supreme Court of Texas No. B-1238 Book Summary

Per Curiam The district court granted a writ of temporary injunction enjoining the City of Richardson and its attorneys, agents,
servants and employees from enforcing a penal ordinance of the City of Richardson against the respondent David Kaplan and
from filing criminal charges against him. The court of civil appeals affirmed. 433 S.W.2d 254. The judgment was predicated
by the trial court upon a finding that the ordinance was unconstitutional, and, therefore, void, without any evidence or finding
that the enforcement of the ordinance by the filing of criminal charges against the respondent would constitute a direct invasion
of respondent's vested property rights. The decision of the court of civil appeals affirming the trial court's judgment is in conflict with a number of opinions
of the Supreme Court which hold that a court of equity has no jurisdiction to enjoin the enforcement of a penal ordinance
or statute in the absence of proof that such enforcement would result in §2° irreparable injury to vested property rights.
See City of Fort Worth v. Craik, 411 S.W.2d 541 (Tex. Sup. 1967); State v. Logue, 376 S.W.2d 567 (Tex. Sup. 1964); Crouch
v. Craik, 369 S.W.2d 311 (Tex. Sup. 1963); Ex parte Sterling, 122 Tex. 108, 53 S.W.2d 294 (1932); City of Austin v. Austin
City Cemetery Ass'n, 87 Tex. 330, 28 S.W. 528 (1894).

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