State Ex Rel. Kimmons v. City of Azle

OPINION

MASSEY, Chief Justice.

In a proceeding in the nature of Quo Warranto the State was denied relief it sought by a summary judgment granted to defendants/respondents City of Azle and its officials. The State appealed.

We affirm.

Giving rise to the complaint of those who are the relators, upon the petition of whom the State (through the District Attorney of Tarrant County) sought and obtained leave to file the suit, was Azle’s enactment of a certain ordinance purporting to annex territory which belonged to relators. Attack was upon the authority of Azle, as the home rule city it claimed to…