County of Hays v. Alexander

POWERS, Justice.

Bell Springs Road runs through a 264.70 acre tract of land, in Hays County, Texas, acquired in 1959 by appellees, Joe W. Alexander and his wife, Phillis. The Commissioners Court of Hays County had, on July 11, 1908, as reflected on their minutes, established the road as a “third class” county road, acting under a statute now codified as Tex.Rev.Civ.Stat.Ann. art. 6704.1 Never*76theless,- in 1979 appellees filed suit in district court against the appellants, who are the County of Hays, the county judge, and the present members of the Commissioners Court, seeking a declaratory…