Davis v. Duncanville Independent School District

I dissent. The majority ignores a line of directly applicable cases. It chooses instead to base its decision upon authority that is both factually and legally dissimilar to the ease at hand.

The situation before us is strikingly similar to that addressed by the Waco Court of Appeals in Devorsky v. La Vega Independent School District, 635 S.W.2d 904 (Tex.App.—Waco 1982, no writ). In his pleadings the plaintiff in Devorsky alleged that the District had ordered an election, and then, between the order and the election, made certain representations concerning the location of the proposed school.…