City of Amarillo v. Stapf
In City of Amarillo v. Stapf, 129 Tex. 81, 101 S.W.2d 229 (1937), the City of Amarillo had a comprehensive zoning ordinance that created a first manufacturing district and a second manufacturing district and enumerated the various buildings and uses permitted in each district. 101 S.W.2d at 230.
Sometime after the zoning ordinance was adopted, the appellee applied for a permit to move a foundry to a location zoned as first manufacturing district. 101 S.W.2d at 230--31.
Although the building inspector initially issued the permit, the building inspector canceled the permit the day after its issuance because a foundry was a second manufacturing district building or use. Id. at 231. One question presented on appeal was whether the revocation of the permit was illegal and void. Id. at 232.
The Texas Supreme Court held that because the ordinance did not allow the foundry to be located in the first manufacturing district, "the action of the building inspector in granting the permit was unauthorized, and the permit was void." Id. at 232.
The court further held that the appellee "could acquire no rights" under the void permit. Id.