Legal Opinion · Dissent

City of Missouri City v. Senior

Court of Appeals of Texas

Decided May 17, 1979No. 17291Published

1DissentEvans, Justice

I am unable to agree with the majority of the court that the description contained in Ordinance 102 is fatally defective and that the ordinance is, therefore, void ab initio. It was the plaintiffs’ burden to establish the invalidity of the Ordinance 102, and, in my opinion, this burden was not met.

The record shows that on September 30, 1965, Dr. Hampton C. Robinson, Jr., petitioned the mayor and governing body of the city of Missouri City, Texas, to extend the city limits so as to annex a described tract of 89.281 acres in the David Bright League, Abstract 13 in Fort Bend County, Texas.

In his…

2Cases cited16 opinions

  1. Pickett v. BishopTexas Supreme Court · 1949
  2. State Ex Rel. Rose v. City of La PorteTexas Supreme Court · 1965
  3. Lower Nueces River Water Supply District v. CartwrightCourt of Appeals of Texas · 1954
  4. Montgomery v. CarltonTexas Supreme Court · 1882
  5. Goelz v. J. K. & Susie L. Wadley Research Institute & Blood BankCourt of Appeals of Texas · 1961

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