City of Garland v. Louton

The Garland Professional Firefighters Association sought a writ of mandamus to compel the City of Garland to hold a citywide referendum on the issue of increased pay for Garland firemen. The city counterclaimed for a declaratory judgment that TEX.REV.CIV.STAT.ANN. art. 1269q violates both the Texas and United States Constitutions. The trial court issued the writ of mandamus and held article 1269q to be constitutional. The city appealed and the court of appeals dismissed the appeal from the writ of mandamus and modified the declaratory judgment by deleting the words “on the merits.” 683 S.W.2d…