Smith v. City of Brownwood

Opinion

TERRY MeCALL, Justice.

This is a case of first impression involving the right to sue for disannexation when a municipality has failed or refused to provide services (such as water service and solid waste collection) after annexing an area. TEX. LOC. GOV’T CODE ANN. § 43.141 (Vernon Supp.2004-2005) provides that “[a] majority of the qualified voters of an annexed area may petition the governing body of the municipality to disannex the area” if the municipality has failed to provide the services to the area. The trial court held that appellants Ralph Smith and Jocelyn Smith did not have…