Legal Opinion

City of Garland v. Garland Independent School District

Court of Appeals of Texas

Decided May 14, 1971No. 17603PublishedCited by 9 opinions

1Opinion of the Court

GUITTARD, Justice.

This declaratory judgment action presents the question whether an independent school district may be subjected without its consent to liability for special assessments levied by a city for paving streets abutting school property. The trial court held that the district is not liable for such assessments, and we affirm.

We must look to our constitution and statutes for expressions of the policy of the state as to which of the two political subdivisions should bear the cost of these public improvements.

The city contends that even though school property is “exempt from forced…

2Cases cited10 opinions

  1. Higgins v. BordagesTexas Supreme Court · 1895
  2. Noa Spears and Wife v. City of San AntonioTexas Supreme Court · 1920
  3. City of Wichita Falls Ex Rel. L. E. Whitham & Co. v. WilliamsTexas Supreme Court · 1930
  4. Port Arthur Independent School District v. City of GrovesTexas Supreme Court · 1964
  5. Elmendorf v. City of San AntonioTexas Commission of Appeals · 1922

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3Cited by9 opinions

  1. King v. Mound City Industries, Inc.Supreme Court of Missouri · 1984
  2. Opinion No., Texas Attorney General Reports2011
  3. Opinion No., Texas Attorney General Reports2003
  4. Opinion No., Texas Attorney General Reports1989
  5. Untitled Texas Attorney General Opinion, Texas Attorney General Reports2003

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