Frederick G. Currey v. Louis T. Kimple

This is a suit seeking relief from two variances granted by the Board of Adjustment of the City of Dallas (Board). The variances were granted so that Mr. and Mrs. Louis T. Kimple (Kimple), appellees (defendants), could build a tennis court on their residential lot. The order of the Board was appealed to the district court as provided by Article 1011g, Tex.Rev.Civ.Stat.Ann. (Supp.1978). Mr. and Mrs. Frederick G. Currey, Dr. and Mrs. Heinz F. Eichenwald, and Mr. and Mrs. Edgar C. Hughes, appellants (plaintiffs), instituted suit against Mr. and Mrs. Louis T. Kimple, the City of Dallas (City), and the Board of Adjustment of the City of Dallas, appellees (defendants), seeking prohibitory and mandatory injunctive relief and the setting aside of the order of the Board granting the variances. Trial was to the court without a jury and judgment was entered that appellants take nothing. Appellants have perfected their appeal and submit two points of error for our consideration.