City of El Paso v. Croom Construction Co.

I respectfully dissent. First it must be noted that in Pogue v. Duncan, 753 S.W.2d 255 (Tex.App.—Tyler 1988), the trial court granted a petition for writ of mandamus and awarded attorney’s fees. On appeal, the Court of Appeals reversed on the grounds that attorney’s fees are not recoverable *156against a county under Tex.Civ.PRAc. & Rem. Code Ann. § 38.001 (Vernon 1986). The Texas Supreme Court reversed on the basis that the Uniform Declaratory Judgments Act expressly provides for an award of costs and reasonable and necessary attorney’s fees. Duncan v. Pogue, 759 S.W.2d 435 (Tex.1988). We must…