R. A. Austin and Wife v. City Lubbock

ON MOTION FOR REHEARING In its motion for rehearing, the City states it is not contending that its eminent domain power is absolutely superior to its zoning power only that it is superior under the facts of this case. Whether the argument is advanced as a general proposition or a specific one, we still do not agree with the City's contention. Our holding as set out in our original opinion finds support in the recent Texas Supreme Court decision in City of Pharr v. Tippitt, 616 S.W.2d 173 (1981). The City of Pharr case concerned a city's power to rezone an area. In analyzing the zoning power of a city, however, the Supreme Court made several statements pertinent to this case: