Legal Opinion · Dissent

Yoakum County Water Control & Improvement District No. 2 v. First State Bank

Texas Supreme Court

Decided November 12, 1969No. B-1235Published

1DissentPope, Justice

The prior dissenting opinion is withdrawn and this one is substituted for it. This court, in upholding the validity of the bonds sued upon, makes some basic errors. It holds that the owners of lands embraced in the Water District have no standing to challenge the validity of the bonds. It holds that the constitutional requirement for an election to authorize the issuance of bonds is inapplicable to a good-faith purchaser and that First State Bank is such a purchaser. It holds that the Legislature can override the constitutional requirement that a water district must conduct an election prior…

2Cases cited15 opinions

  1. Gulbenkian v. PennTexas Supreme Court · 1952
  2. Hedges v. Dixon CountySupreme Court of the United States · 1893
  3. Parks v. WestTexas Supreme Court · 1908
  4. Deacon v. City of EulessTexas Supreme Court · 1966
  5. Brenham v. German American BankSupreme Court of the United States · 1892

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