Driscoll v. Harris County Commissioners Court

I concur with the result reached by the majority. However, I respectfully disagree with the majority’s holding that the County Attorney of Harris County in his official capacity does not have the authority by injunction or declaratory judgment to seek relief against the expenditure of county funds, and that he lacked the requisite jus-ticiable interest to attack the formation of the authority or the appointment of the members of the board.

Appellant contends TEX.REV.CIV.STAT. ANN. art. 339 (Vernon 1973), provides the statutory authority for him to challenge the expenditure of funds for outside…