ELR Citation: ELR 20373
No(s). 73-2047 (5th Cir. Apr 19, 1974)

The court affirms a lower court ruling denying claims for monetary, declaratory, and injunctive relief against a municipality for demolishing as unrepaired nuisances, without compensation, property owned by plaintiffs. The city's nuisance ordinance is a legitimate and compelling exercise of the police power, and provides adequate procedural safeguards in the form of notices, hearings, and opportunity for compliance prior to the use of demolition. Where, as here, the control is reasonable and the regulatory scheme accords procedural fairness, the Constitution does not require that a judicial determination procede demolition of property found to be a nuisance.

Counsel for Plaintiffs
Larry Watts
300 Jackson Hill, Suite 200
Houston, TX 77007

Counsel for Defendants
Joe Harlan
Mac W. Hancock III
Gibson, Ochsner, Adkins, Harlan & Hankins
300 Fisk Building
Amarillo, TX 79101

Bruce Aycock City Attorney
P.O. Box 1971
Amarillo, TX 79105

Harlow Sprouse
P.O. Box 9158
Amarillo, TX 79105