Legal Opinion · Dissent

Alford v. City of Dallas

Texas Court of Appeals, 5th District (Dallas)

Decided August 20, 1987No. 05-86-00749-CVPublished

1DissentWhitham, Justice

I respectfully dissent. In his sole point of error, Alford contends that it was error for the trial court to dismiss his cause of action for want of jurisdiction because he properly pleaded deprivations of his rights under the state and federal constitutions in the administrative actions complained of, and thus invoked an inherent right of appeal to the courts. I agree. Consequently, I would sustain Alford’s sole point of error and reverse and remand. I write to express my disagreement with the majority in its disposition of Alford’s claimed deprivation of a property right without procedural…

2Cases cited13 opinions

  1. Board of Regents of State Colleges v. RothSupreme Court of the United States · 1972
  2. Logan v. Zimmerman Brush Co.Supreme Court of the United States · 1982
  3. United States Ex Rel. Accardi v. ShaughnessySupreme Court of the United States · 1954
  4. United States v. CaceresSupreme Court of the United States · 1979
  5. William C. Ferguson v. Alvin I. ThomasCourt of Appeals for the Fifth Circuit · 1970

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