City of Pharr v. Tippitt

616 S.W.2d 173 (1981)

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City of Pharr v. Tippitt

Texas Supreme Court
616 S.W.2d 173 (1981)

SC

Facts

The City of Pharr (defendant) rezoned a 10.1-acre tract of land from single-family residential to multifamily residential. The tract was undeveloped farmland surrounded by other vacant farmlands zoned for single-family use. The tract was the closest of the undeveloped farmlands to the city center. Tippitt (plaintiff) brought suit, seeking to invalidate the rezoning ordinance because it was unlawful “spot zoning.” The mayor of Pharr testified that the city needed additional multifamily housing and that there were no other undeveloped tracts (other than the undeveloped farmlands adjacent to the tract and farther away from the city center) zoned for or large enough to be zoned for multi-family residential use. The planned number of structures in the tract under the new ordinance would increase only from 44 to 50. The trial court upheld the ordinance. The court of civil appeals reversed. The city appealed.

Rule of Law

Issue

Holding and Reasoning (Pope, J.)

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