Clesi Et Al. v. Northwest Dallas Imp. Assn Et Al‪.‬

As appellees point out, application of the Clesis for rezoning which resulted in ordinance 5678 was not for A-2 uses under special permit. They had consistently requested a change to local Retail 3 (business), and the original opinion has been corrected accordingly. Again appellees argue with great earnestness that the City Commission is powerless to grant the change in question except in strict conformity with Art. 165-22, the zoning ordinance hereinabove quoted, unless initially considered by the City Plan Commission together with recommendations from that body; citing in support that part of Art. 165-22 reading: "The City Council of the City of Dallas may, after public hearing and proper notice to all parties affected, and, after recommendation from the City Plan Commission containing such requirements and safeguards as are necessary to protect adjoining property, authorize the location of any of the following in the specific districts:"