Valley Oil Co. v. City of Garland

In Valley Oil Co. v. City of Garland, 499 S.W.2d 333, 335 (Tex. App.--Dallas 1973, no writ), Valley Oil successfully challenged, in the trial court, a city ordinance that would have forced it to close a gas station. The city appealed the issue of whether the ordinance was valid but did not raise the trial court's denial of an injunction restraining Valley Oil from operating the gas station. The court of appeals reversed and rendered judgment that the ordinance was valid. Id. After the mandate from the court of appeals issued, the city again sought an injunction against Valley Oil based on the ordinance. Id. The trial court granted the injunction, and Valley Oil appealed contending that the City did not raise the issue of the injunction on appeal and was, therefore, precluded from further litigation on the matter. Id. The court of appeals affirmed the trial court's order granting the injunction. Id. at 336. Despite the fact that the issue was not raised on appeal, the court explained that the city was entitled to further relief under the declaratory judgment act: The rationale for this apparent departure from the usual rule of res judicata is that the losing party in a declaratory judgment act can normally be expected to recognize the rights declared by the judgment and act accordingly, but that if he fails to do so, the court should have ample power to enforce the judgment by subsequent coercive orders, whether or not such relief was sought in the original action. Id. at 336. The court of appeals specifically addressed the issue of jurisdiction, holding that the supplemental relief provision of the declaratory judgment act established jurisdiction, and that a request for relief may properly be brought in the same suit in which the original declaratory relief was granted. Id.