City of Alamo v. Garcia

OPINION

SEERDEN, Justice.

The City of Alamo, appellant, appeals the trial court’s decision to issue a temporary injunction prohibiting it from swearing-in a newly elected commissioner. We reverse the trial court’s decision and order that the injunction be dissolved.

The City of Alamo is a home rule city governed by its city charter. A home rule city looks to the legislature only to ascertain whether the legislature has limited the city’s constitutional power. Garza v. Garcia, 785 S.W.2d 421, 422 (Tex.App.- Corpus Christi 1990, writ denied). “A grant of power of removal from office is strictly…