Artcarved Class Rings, Inc. v. City of Austin

McCLOUD, Chief Justice.

The question presented is whether a declaration that an “emergency” exists in a city ordinance is binding on the courts and not subject to review.

Plaintiff, Artcarved Class Rings, Inc., sought to enjoin the City of Austin from enforcing Annexation Ordinance No. 75-1231-C as an emergency measure and requested the court to declare the ordinance void as an emergency measure because it did not properly relate to the immediate preservation of the public peace, health or safety. The court denied plaintiff’s requests for relief and in its conclusions of law held that the…