Legal Opinion
City of San Benito v. Cervantes
Court of Appeals of Texas
Decided March 6, 1980No. 5412PublishedCited by 7 opinions
1Opinion of the Court
McCLOUD, Chief Justice.
This suit involves the construction of Section 1, Article XXV of the charter of the City of San Benito. The City urges that the section permits the commissioners to discharge the city manager at will and without cause. We agree.
Oscar Cervantes was appointed City Manager of San Benito in May 1977. He was discharged by the commissioners on November 11, 1977. The tenure of the city manager is governed by Section 1, Article XXV of the City Charter which provides:
Sec. 1. APPOINTMENT — At such time after the taking effect of this charter as the city commission shall see fit…
2Cases cited2 opinions
- City of Electra v. TaylorCourt of Appeals of Texas · 1927
- Ratliff v. City of Wichita FallsCourt of Appeals of Texas · 1938
3Cited by7 opinions
- Pat Henderson v. Gavino Sotelo, Individually and as City Manager of Harlingen, Tx.Court of Appeals for the Fifth Circuit · 1985
- Bolton v. City of Dallas TXCourt of Appeals for the Fifth Circuit · 2006
- Barnett v. City of Plainview, Texas Court of Appeals, 7th District (Amarillo)1993
- Lipscomb v. RandallCourt of Appeals of Texas · 1999
- Lipscomb v. RandallCourt of Appeals of Texas · 1999
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