Legal Opinion
Gonzales v. Concerned Citizens of Webberville
Texas Court of Appeals, 3rd District (Austin)
Decided August 31, 2005No. 03-05-00014-CVPublishedCited by 9 opinions
1Opinion of the Court
OPINION
BOB PEMBERTON, Justice.
Our disposition of this accelerated interlocutory appeal turns on whether appellees have standing to challenge the incorporation of a municipality. Because we hold that appellees’ pleadings and the evidence demonstrate that appellees challenge the incorporation as voidable rather than void, we vacate the denial of the plea to the jurisdiction and dismiss for want of jurisdiction.
BACKGROUND
The underlying dispute in this case concerns whether the village of Webberville was properly incorporated as a Type C municipality. See Tex. Loc. Gov’t Code Ann. § 8.001 (West…
2Cases cited15 opinions
- Texas Department of Parks & Wildlife v. MirandaTexas Supreme Court · 2004
- Texas Ass'n of Business v. Texas Air Control BoardTexas Supreme Court · 1993
- Bland Independent School District v. BlueTexas Supreme Court · 2000
- County of Cameron v. BrownTexas Supreme Court · 2002
- Laidlaw Waste Systems (Dallas), Inc. v. City of WilmerTexas Supreme Court · 1995
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3Cited by9 opinions
- Save Our Springs Alliance, Inc. v. Lazy Nine Municipal Utility District Ex Rel. Board of Directors, Texas Court of Appeals, 6th District (Texarkana)2006
- City of Granite Shoals v. WinderCourt of Appeals of Texas · 2009
- City of Granite Shoals, Pat Crochet, John Gault, David Dittmar, Bessie Jackson, Shirley King, and Merilyn Nations v. Ted Winder, Jamie Parker, Beaver Island Property Owners Association, Denis Snyder, and Ted O. Kostich, Texas Court of Appeals, 3rd District (Austin)2009
- City of Granite Shoals, Pat Crochet, John Gault, David Dittmar, Bessie Jackson, Shirley King, and Merilyn Nations v. Ted Winder, Jamie Parker, Beaver Island Property Owners Association, Denis Snyder, and Ted O. Kostich, Texas Court of Appeals, 3rd District (Austin)2009
- Save Our Springs Alliance, Inc., and William G. Bunch v. Lazy Nine Municipal Utility District, by and Through Its Board of Directors, and C. A. Elder, Vincent Huebinger, Bill Simpson, and Cord Shiflet, in Their Official Capacities as Lazy Nine Municipal Utility District Board Members, Texas Court of Appeals, 6th District (Texarkana)2006
4 more not listed; retrieve them via the Exa API.