Parks v. Board of Adjustment of the City of Killeen

566 S.W.2d 365 (1978)

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Parks v. Board of Adjustment of the City of Killeen

Texas Court of Civil Appeals
566 S.W.2d 365 (1978)

  • Written by Tanya Munson, JD

Facts

Charles and Margaret Baxter owned a residence in a single-family residential zoning district in Killeen. The Baxters lived in and conducted a music school at the residence. The Baxters taught as many as 110 student hours each week. Charles Parks (plaintiff) owned a property near the Baxters’ residence. Parks initiated proceedings and sought to close the music school, arguing that the operation of the music school violated subsection six of the Killeen zoning ordinance. The Killeen zoning ordinance permitted accessory uses that were customarily associated with single-family dwellings, including customary home occupations. Parks argued that the size and income generated by the school must be considered when determining whether the music school was a customary home occupation. The Board of Adjustment of Killeen (defendant) found that the operation of the music school was not in violation of the zoning ordinance. Parks appealed to the district court, where the judgment of the Board of Adjustment of Killeen was affirmed. Parks appealed the judgment of the district court.

Rule of Law

Issue

Holding and Reasoning (Shannon, J.)

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