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City of Houston v. Johnny Frank’s Auto Parts Co – Case Brief Summary (Texas)

In City of Houston v. Johnny Frank's Auto Parts Co., 480 S.W.2d 774 (Tex. Civ. App.--Houston 14th Dist. 1972, writ ref'd n.r.e.) the court of appeals addressed whether an ordinance regulating the operation of automotive wrecking and salvage yards within the City was within the scope of the City of Houston's police power.

After a non-jury trial in which the trial court filed findings of fact and conclusions of law, the court found that the evidence was legally sufficient that the ordinance was a proper exercise of police power because the proof showed that such wrecking and salvage yards were a "hazard to the safety of children who are naturally attracted by such conditions." Id. at 780.