Pye v. Peterson

Citations

• 45 Tex. 312

Syllabus

<p>1. City charter — Fire limits. — Without an express grant of power, a city, by its authorities, cannot establish Are limits, declare wooden buildings erected therein to be nuisances, and provide for the removal of such buildings and the punishment of those erecting them.</p> <p>2. Nuisances. — Authority to abate nuisances does not include the power to declare that to be a nuisance which, in its nature or its situation or use, is not such.</p> <p>3. Wooden houses. — Neither in its legal or general meaning does the word “ nuisance ” apply to wooden buildings, even in towns and cities.</p> <p>4. Municipal corporations can exercise those powers only which are expressly or impliedly conferred, subject to such regulations or restrictions as are annexed to the grant of such powers.</p> <p>5. Same. — Their powers discussed.</p>