Adkins v. Rogers

• Decision Date: 23 May 1957
• Docket Number: No. 6965,6965
• Citation: 303 S.W.2d 820
• Parties: J. G. ADKINS et al., Appellants, v. J. Paul ROGERS et al., Appellees.
• Court: Texas Court of Appeals

Page 820

303 S.W.2d 820

J. G. ADKINS et al., Appellants, v. J. Paul ROGERS et al., Appellees.

No. 6965.

Court of Civil Appeals of Texas, Texarkana.

May 23, 1957.

Rehearing Denied June 20, 1957.

Vinson, Elkins, Weems & Searls, Houston, W. D. Evans, Angleton, Jack Harrison, Alvin, V. S. Donoghue, Houston, for appellants.

J. C. Hinsley, Austin, John C. Henderson, Cleveland Davis, Angleton, for appellees.

FANNING, Justice.

Appellants have appealed from a judgment of the District Court of Brazoria County, Texas, decreeing that orders of the County Board of School Trustees of Brazoria County, Texas, annexing Liverpool Common School District No. 10 and Chocolate Bayou Common School District No. 34, to Angleton Independent School District, were valid, and which judgment permanently enjoins appellants from interfering with the trustees of the Angleton Independent School District in the management of the area annexed.

On November 3 and 5, 1954, the said County Board met and by proper order detached a portion of Brazosport Independent School District which was contiguous to the Angleton Independent School District, and same was annexed to the said Angleton District. Next, the County Board annexed said Liverpool Common School District (which was contiguous to the territory recently annexed from the Brazosport District) to the said Angleton School District; following this order the County Board annexed said Chocolate Bayou Common School District (which was contiguous to the recently annexed Liverpool District) to the said Angleton Independent School District. Notice of such action was communicated to the Liverpool and Chocolate Bayou Districts on November 6, 1954. On November 9, 1954, appellants, as plaintiffs, filed suit in the District Court of Brazoria County, Texas, in Cause No. 35,808, naming appellees as defendant, and alleging that the action of the County Board in making, such orders and annexations was unwise, improper, illegal, arbitrary, capricious and constituted a gross abuse of discretion, and sought a temporary restraining order and 'such other and further relief, general and special, legal and equitable, to which they may be justly entitled.' The temporary restraining order was granted without notice, but upon hearing such temporary restraining order was dissolved and appellees as cross-plaintiff secured in their cross-action filed in the case a temporary injunction against appellants who were temporarily enjoined from interfering with the Angleton trustees in governing, operating, and controlling the said Liverpool and Chocolate Bayou school districts. Plaintiffs-appellants on November 9, 1954, also filed a written request with the said County Board requesting that the common school districts in question be granted a hearing to review said annexation orders--the County Board took no action on this request. Appellants after filing their original suit, seven days later, to-wit, on November 16, 1954, filed an alleged administrative appeal to the State Commissioner of Education. Appellees contested the jurisdiction of the State Commissioner of Education to hear the administrative appeal. The said State Commissioner held that he had jurisdiction of the appeal but on the merits of the case sustained the action of the County Board in making the annexation orders in question. Appellants then appealed to the State Board of Education, with appellees still contesting the jurisdiction of the State Board to hear such appeal, and on March 5, 1956, said State Board entered an order which we quote from as follows:

'(1) The decision of the Commissioner insofar as it held that he had jurisdiction of this case is affirmed.

'(2) The decision of the Commissioner affirming the action of the County Board of Trustees of Brazoria County annexing Liverpool Common School District No. 10 to Angleton Independent School District and annexing Chocolate Bayou Common School District No. 34 to Angleton Independent School District is reversed for the reason that the annexation orders did not become a finality for the reason that the County Board of Trustees of Brazoria County did not grant a hearing to the Boards of Trustees of Liverpool and Chocolate Bayou Common School Districts; and unless the County Board of Trustees of Brazoria County conducts such a hearing within 60 days from this date, the annexation orders shall be void and of no force and effect.

'(3) That this action shall not be construed as prohibiting the County Board of Trustees of Brazoria County from taking any lawful action which it may deem proper.'

On Marcy 21, 1956, said County Board and said Angleton School District filed suit in the District Court of Travis County, Texas, as a statutory appeal from the order of the State Board, to enjoin the Board's order, and seeking a declaratory judgment that the order of the State Board was void and that neither the State Board nor the Commissioner had any jurisdiction over the alleged administrative appeal--this suit is still pending. However, pursuant to the order of the State Board, the said County Board, after due notice to all parties, met on the 30th day of April, 1956, and, after giving all parties full opportunity to be heard, passed an order ratifying its action of November 3rd and 5th, annexing first the Liverpool District and then the Chocolate Bayou District to the Angleton District. No. appeal (either administratively or by court action) was made by anyone from this order of the County Board. On October 26, 1956, the District Court of Brazoria County upon motion of plaintiffs-appellants dismissed their cause of action filed in Cause No. 35,808 (the original suit) and proceeded to hear the cross-action of defendants-appellees, which hearing resulted in a final judgment decreeing that the annexation orders were valid and enjoined appellants from interfering with the trustees of the Angleton District in operating such schools. Trial was to the court without a jury. No findings of fact or conclusions of law were requested or made. From this final judgment the cross-defendants (appellants herein) have appealed.

Appellants contend, among other things, that the trial court erred in decreeing the annexation orders to be valid and enjoining the appellants because the effect of such judgment was to void the administrative appeal taken by appellants and had the effect of setting aside the order of the State Board. Appellants also contend that the annexation orders were void because they were arbitrary, capricious and an abuse of discretion, because the territory annexed (allegedly) was non-contiguous, and because the annexation orders were made without notice to appellants and without giving appellants a hearing prior to annexation. Appellants also contend that the trial court erred in refusing to admit in evidence a portion of a letter from the State Commissioner of Education.

Article 2682, Vernon's Ann.Civ.St.Provides:

'The district court shall have general supervisory control of the actions of the county board of school trustees in creating, changing and modifying school districts.'

The District Court of Brazoria County, Texas, clearly had jurisdiction to hear Cause No. 35,808 (including the original action and the cross-action), involving the validity of the action of the County Board in annexing the school districts in question under the provisions of Article 2922a, V.A.C.S., without any party having first made an administrative appeal to any school official or any school board. See the following authorities: Article 2682, V.A.C.S., Article 2686, V.A.C.S.; Hale v. McMurrey, Tex.Civ.App., 22 S.W.2d 499, wr. ref.; County School Trustees of Callahan County v. District Trustees, etc., Tex.Civ.App., 192 S.W.2d 891, wr. ref., n. r. e.; County Board of School Trustees of Limestone County v. Wilson, Tex.Civ.App., 15 S.W.2d 144, wr. dis.; Clark v. Hallam, Tex.Civ.App., 187 S.W. 964; Collin County School Trustees v. Stiff, Tex.Civ.App., 190 S.W. 216; Price v. County School Trustees of Navarro County, Tex.Civ.App., 192 S.W. 1140; Wilkinson v. Lyon, Tex.Civ.App., 207 S.W. 638.

It is our further view that under this record where plaintiffs-appellants filed suit No. 35,808, above described, in the District Court of Brazoria County, Texas, seven days before they filed an alleged administrative appeal with the State Commissioner of Education, that jurisdiction was conferred on the District Court of Brazoria County, Texas, to determine the validity of the annexation orders and matters there in controversy of the exclusion of the State Commissioner of Education and the State Board of Education. See the following authorities: Cleveland v. Ward, 116 Tex. 1, 285 S.W. 1063; State v. Epperson, 121 Tex. 80, 42 S.W.2d 228; Allee v. Van Cleave, Tex.Civ.App., 263 S.W.2d 276; Cavers v. Sioux Oil & Refining Co., Tex.Com.App., 39 S.W.2d 862, 866; Henderson v. Miller, Tex.Civ.App., 286 S.W. 501, wr. ref.

Another reason why the State Commissioner of Education did not have jurisdiction of the alleged administrative appeal is found in Article 2686, V.A.C.S., which reads as follows:

'All appeals from the decision of the County Superintendent of Public Instruction shall lie to the County Board of School Trustees, and should either party decide to further appeal such matters, they are here given the right to elect to appeal to any court having proper jurisdiction of the subject matter; or to the State Superintendent of Public Instruction as now provided by law, provided the election of which course of appeal the party or parties desire to pursue, shall be given within five days from the final decision of said County Board of School Trustees, provided this act shall not apply to any controversy now pending or to any orders of school authorities made more than five days before this act becomes effective. Acts 1915, p. 71; Acts 1927, 40th Leg., p. 128, ch. 83, Sec. 1.' (Italics ours.)

The record in this case shows that the annexation...