In Re Dr. Robert Fitzgerald, Md

On June 21, 2004, residents of a community known as Quihi, Texas filed a petition requesting the constitutional county court judge of Medina County to order an election on the proposed incorporation of the community. On Friday, July 9, 2004 the county judge denied the petition for the incorporation election. One of the residents, Dr. Robert Fitzgerald, petitioned this Court to issue a writ of mandamus requiring the county judge to order the incorporation election. 1

Section 8.003 of the Texas Local Government Code prescribes the county judge’s duty to order an incorporation election: “If a…