City of San Antonio v. City of Boerne

in which Chief Justice PHILLIPS, Justice HECHT, Justice ENOCH, Justice OWEN, Justice O’NEILL, Justice SCHNEIDER, and Justice WAINWRIGHT joined.

In this municipal annexation dispute, we consider whether a county commissioners court may petition a city to include portions of its county’s roads within that city’s extraterritorial jurisdiction (i) pursuant to the Legislature’s grant of “general control over all roads,” see Tex. Loc. Gov’t Code § 81.028(5), 1 or (ii) as agent of the State of Texas, see id. § 42.022(b). Because we hold that the Legislature has neither expressly nor impliedly…