League City v. W. R. Flora & Sons, Inc.
This case involves an appeal concerning a temporary injunction granted against the City of League City (appellant) for enforcing Ordinance No. 41. Appellees W. R. Flora & Sons, Inc., a top soil, sand, and fill dirt vendor, and Earl Turner, a property owner, challenged the ordinance which imposed a 6500-pound load limit on certain roads, effectively denying them access to Turner's property for their business. The trial court found the ordinance arbitrary, discriminatory, and oppressive, causing irreparable harm to the appellees' property rights and business. The appellate court affirmed the injunction, concluding that the trial court did not abuse its discretion in finding sufficient evidence of probable right and probable injury due to the ordinance's impact on property access and its discriminatory nature.