Lee Dykes Et Al. v. City Houston

In this suit, Lee Dykes and Robinwood Lodge, Inc., sought a mandatory injunction against the City of Houston, Texas, commanding it to remove a barricade erected by the City on and across Buckingham Drive, a street located within the boundaries of the City of Houston. E. P. Dee and a number of other resident citizens of the City intervened alleging that they were interested in the subject matter of the suit. These intervenors aligned themselves with the City. However, no further reference will be made to the intervenors since they did not appeal from an adverse judgment rendered by the trial court. For convenience, Mr. Dykes and Robinwood Lodge, Inc., will hereinafter be referred to as plaintiffs and the defendant as the City. Trial was to a jury. At the close of the evidence and after all parties had rested, the trial court withdrew the cause from the jury and rendered judgment that a "mandatory injunction issue commanding the City of Houston to remove the barricade erected by the City of Houston on Buckingham Drive between Kennilworth Drive and Katy Road and that plaintiffs have such writs as are necessary to enforce said judgment."