Board of Permanent Road Com'Rs v. Johnson
Decision Date | 07 May 1921 |
Docket Number | (No. 8646.) |
Citation | 231 S.W. 859 |
Parties | BOARD OF PERMANENT ROAD COM'RS OF HUNT COUNTY et al. v. JOHNSON et al. |
Court | Texas Court of Appeals |
Appeal from District Court, Hunt County; Geo. B. Hall, Judge.
Action by J. O. Johnson and others against the Board of Permanent Road Commissioners of Hunt County and others. Judgment for plaintiffs, and defendants appeal. Judgment reversed, and injunction dissolved.
Clark & Sweeton, of Greenville, for appellants.
B. F. Crosby and M. B. Harrell, both of Greenville, for appellees.
This is an appeal from a judgment perpetually enjoining appellants from constructing a certain described paved road in Hunt county.
The board of permanent road commissioners of Hunt county was created under and exists by virtue of a special road law for Hunt county enacted by the Thirty-Third Legislature. It consists of the commissioners' court, the county auditor, and eight citizens, two selected from each of the four commissioners' precincts. Special Laws 33d Leg. p. 190, vol. 16, Laws of Texas. This board, under the provisions of the Hunt county road law, is given unlimited discretion in selecting, laying out, and constructing paved roads.
Appellees alleged substantially that the members of the board, in deliberate and exhaustive exercise of the discretion reposed in them by the provisions of the law, selected and decided to construct a road, designated as the "Jacobia route," which route, in the light of existing facts and conditions and as a matter of justice to the great majority of the citizens to be affected, sound and practical judgment dictated ought to be constructed. But, it was alleged, after the "Jacobia route" had been selected by the board, the state highway department refused to extend state and federal aid for the construction of the road, to augment the county's funds derived from bonds voted by the county, and that this circumstance induced the board to surrender its discretion to the state highway commission, and to yield to the arbitrary demands of the highway commission, which was done in adopting for construction the road the building of which was enjoined.
Appellants answered by general demurrer and general denial. The appeal is presented upon one assignment of error, which is as follows:
We sustain the view asserted by appellants. The record does not reveal in the board's action, purposes and conduct which constitute abuse of discretion in matters of this kind. There is no evidence whatever of bad faith or perversity, or of moral delinquency, actuating the board or any of its members, in finally receding from the tentative selection of the "Jacobia route," and ultimately adopting the "middle route," the construction of which appellees seek to enjoin.
The evidence reflects a long and insistent discussion between the board and the highway commission, throughout which the former strive to persuade the latter to acquiesce in supplying federal and state aid to the construction of the "Jacobia route," and throughout which the highway department insists that it would not accede to the proposal, but would withdraw a contribution of road funds amounting, according to the evidence, to $106,000. The evidence shows that the construction of the route finally adopted will cost $40,000 less than the "Jacobia route"; the former route being a shorter and more direct connection...
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