Del Valle Independent School Dist. v. Lopez, 3-91-382-CV

• Decision Date: 15 September 1993
• Docket Number: No. 3-91-382-CV,3-91-382-CV
• Citation: 863 S.W.2d 507
• Parties: 86 Ed. Law Rep. 1095 DEL VALLE INDEPENDENT SCHOOL DISTRICT; John Ojeda, Danny Zieger, Eugene Johnson, Lee Machen, Kay DeVilbiss, Gary Viktorin, Chuck Greenwood, its Trustees; and Edward A. Neal, its Superintendent, Appellants, v. Enrique G. LOPEZ, Jr., Felix R. Rosales, Jr., and Maurice Walker, Sr., Appellees.
• Court: Texas Court of Appeals

Page 507

863 S.W.2d 507

86 Ed. Law Rep. 1095

DEL VALLE INDEPENDENT SCHOOL DISTRICT; John Ojeda, Danny Zieger, Eugene Johnson, Lee Machen, Kay DeVilbiss, Gary Viktorin, Chuck Greenwood, its Trustees; and Edward A Neal, its Superintendent, Appellants, v. Enrique G. LOPEZ, Jr., Felix R. Rosales, Jr., and Maurice Walker, Sr., Appellees.

No. 3-91-382-CV.

Court of Appeals of Texas Austin.

Sept. 15, 1993.

Rehearing Overruled Nov. 17, 1993.

John T. Fleming, Henslee, Ryan & Groce, P.C., Austin, for appellants.

James C. Harrington, Texas Civil Rights Project, Austin, for appellees.

Before CARROLL, C.J., and JONES and KIDD, JJ.

KIDD, Justice.

Enrique G. Lopez, Jr., Felix R. Rosales, Jr., and Maurice Walker, Sr. (collectively "Appellees") brought suit for declaratory judgment against Del Valle Independent School District; John Ojeda, Danny Zieger, Eugene Johnson, Lee Machen, Kay DeVilbiss, Gary Viktorin, Chuck Greenwood, its Trustees; and Edward A. Neal, its Superintendent (collectively "Del Valle"). Appellees alleged that Del Valle's method for electing members at large to the Board of Trustees was unconstitutional. Appellees also requested injunctive relief enjoining Del Valle from holding elections under its at-large system. Prior to trial, Del Valle voluntarily abandoned its at-large election system. The trial court abated the action regarding the constitutionality of the election system and awarded attorney's fees to Appellees. Del Valle appeals this action of the trial court. We will affirm the trial court's judgment.

THE CONTROVERSY

Historically, Del Valle Independent School District maintained one polling place for electing members to its Board of Trustees and utilized an at-large method of electing all the members of the Board. At the time of trial, the Board consisted of seven trustees, six of whom were Anglo and one of whom was Hispanic. No African-American had ever served on the Board, and never in the history of the school district had a minority candidate run against an Anglo and won.

In 1974, minority residents of the Del Valle school district began requesting that the number of polling places be increased for the purpose of improving access to the political process. In 1986 and 1987, minority residents formally requested that, for upcoming elections, the number of polling places be expanded. In 1988, the school district increased the number of polling places from one to five.

Since 1970, minority candidates in the school district have run a total of sixteen candidacies for the Board. Only one minority, John Ojeda, a Hispanic, has ever been elected. In 1983, Ojeda ran unsuccessfully against incumbent Kay DeVilbiss, an Anglo. In 1986, he ran unopposed on a slate with two other candidates, both of whom were Anglo incumbents. That time, Ojeda was elected.

In 1974, Maurice Walker, an African-American, ran on a slate with another African-American and a Mexican-American. All three opposed Anglos; all three lost. In 1986, Walker ran again, this time on a slate with Felix Rosales, a Mexican-American. Both opposed Anglos; both lost. In 1989, Enrique Lopez, a Hispanic, ran against Ojeda and lost. Ojeda was on the same slate as he was in the 1986 election.

In December 1989, Appellees brought suit for declaratory judgment against Del Valle. Appellees alleged that Del Valle's at-large election scheme for electing members to the Board of Trustees violated the equal protection provision and the equal rights amendment of the Texas Constitution. Tex. Const. art. I, §§ 3, 3a (adopted 1972). ¹ Appellees also requested injunctive relief enjoining Del Valle from holding elections under the at-large system.

Prior to the trial on the merits, Del Valle offered to settle by voluntarily adopting a plan creating five single-member districts and two at-large positions (the "5-2 plan"). However, because Del Valle would not admit that the at-large system was unconstitutional, Appellees rejected the settlement offer, then amended their petition, contending the 5-2 plan was also unconstitutional and seeking to enjoin the use of it in elections. The district court severed the claims relating to the 5-2 plan from those relating to the at-large system. An appeal involving the constitutionality of the 5-2 scheme is currently pending before this Court in cause number 3-92-078-CV.

After adopting the 5-2 plan, Del Valle then moved to dismiss the present cause for mootness, which the district court denied. However, the trial court abated Appellees' action challenging the constitutionality of the at-large scheme, conducting a hearing solely to determine the issue of attorney's fees. After trial, the district court awarded Appellees attorney's fees and costs under section 37.009 of the Uniform Declaratory Judgments Act, Tex.Civ.Prac. & Rem.Code Ann. § 37.009 (West 1986) ("UDJA"), and chapter 104 of the Texas Civil Practices and Remedies Code, Tex.Civ.Prac. & Rem.Code Ann. §§ 104.001-.008 (West 1986 & Supp.1993). In support of its award of attorney's fees, the court entered a declaratory judgment that (1) the at-large system violated the state constitution, (2) the Appellees' lawsuit was the catalyst that caused Del Valle to abandon its at-large scheme, and (3) the Appellees were the prevailing parties in this action.

POINTS OF ERROR

In twenty-three points of error, Del Valle attacks the trial court's award of attorney's fees to the Appellees and determination of the unconstitutionality of Del Valle's at-large election system. In its second point of error, Del Valle argues that the trial court erred in failing to dismiss Appellees' lawsuit as moot. In its fourth, nineteenth, twentieth, and twenty-first points, Del Valle contends that Appellees did not meet the standards required for an award of attorney's fees under the UDJA. In the alternative, Del Valle maintains, in its third, fifth, and twenty-second points, that the amount of attorney's fees awarded is unreasonable. Del Valle additionally argues, in its first point, that Appellees' expert witnesses were improperly designated and thus the testimony of these witnesses should have been excluded. In its twenty-third point of error, Del Valle contends the trial court erred by failing to award attorney's fees to Del Valle.

Del Valle attacks the trial court's determination that the at-large system was unconstitutional on several grounds. In its sixth point of error, Del Valle insists that no cause of action exists under state law for changing an at-large system to a single-member system. In its seventh point of error, Del Valle contends that the trial court erred in holding that a finding of discriminatory effect is sufficient to prove a violation of the Texas Constitution. Del Valle also attacks the factual and legal sufficiency of the evidence supporting the trial court's judgment in points of error eight through eighteen.

ATTORNEY'S FEES

Mootness

Del Valle moved to dismiss this action because its Board of Trustees had voted to implement the 5-2 election system on November 9, 1990. Del Valle alleged that the Board's action rendered Appellees' cause of action moot. Del Valle now argues that the trial court erred in failing to dismiss the cause as moot in its second point of error. Del Valle maintains that the Board abandoned the at-large plan on November 9, 1990, and that this action destroyed the subject matter of the present suit.

In a related fourth point of error, Del Valle attacks the attorney's fees award on the ground that Appellees did not plead a cause of action under the UDJA. They argue that Appellees were not in actuality seeking a preventative declaration regarding the at-large system under the UDJA; rather, Appellees' claim had fully matured, and they sought coercive relief.

In Cobb v. Harrington, 144 Tex. 360, 366, 190 S.W.2d 709, 713 (1945), the Texas Supreme Court announced that the UDJA "is intended as a speedy and effective remedy for the determination of the rights of the parties when a real controversy has arisen and even before the wrong has actually been committed." Furthermore, "it has been held that declaratory relief ordinarily will not be granted where the cause of action has fully matured and the action invokes an appropriate present remedy at law." Sylvester v. Watkins, 538 S.W.2d 827, 831 (Tex.Civ.App.--Amarillo 1976, writ ref'd n.r.e.). However, the availability of another remedy that might be entirely adequate does not necessarily deprive the trial court of jurisdiction to grant declaratory relief. Texas Liquor Control Bd. v. Canyon Creek Land Corp., 456 S.W.2d 891, 895 (Tex.1970); Armentrout v. Texas Dep't of Water Resources, 675 S.W.2d 243, 245 (Tex.App.--Austin 1984, no writ).

At the time that Appellees brought this action, Del Valle was operating an at-large electoral system that Appellees contended was unconstitutional. Although Del Valle eventually abandoned the at-large system, Appellees had no guarantee that Del Valle would not reimplement its at-large election scheme in the future. Without a declaration by the court or an admission by Del Valle that the at-large system was unconstitutional, Del Valle was free to return to the at-large system. Therefore, because Del Valle refused to admit that the at-large system was unconstitutional, a declaration by the court that the system was unconstitutional was essential to Appellees' purpose: the elimination of the at-large system and the substitution of a single-member system. Accordingly, we conclude that the Appellees had a valid cause of action under the UDJA which was not moot, and we overrule Del Valle's second and fourth points of error.

Entitlement to Attorney's Fees

In points of error nineteen and twenty, Del Valle argues that no evidence, or in the alternative, insufficient evidence exists to support the finding that Appellees' litigation was the major factor or catalyst causing Del Valle to abandon its at-large system. It objects to the court's declaration in its final...