Anderson v. City of Seven Points, C-9682

Decision Date20 February 1991
Docket NumberNo. C-9682,C-9682
Citation806 S.W.2d 791
PartiesM.D. ANDERSON, Jr., et al., Petitioners, v. CITY OF SEVEN POINTS, Tx. & Walter Talliaferro, Mayor Pro Tem., Respondents
CourtTexas Supreme Court
OPINION

HIGHTOWER, Justice.

This is an appeal in an action for a writ of mandamus initiated in the trial court. 1 In 1988, a petition requesting that the mayor order an election on the question of abolishing the corporate existence of the city of Seven Points was submitted to the mayor. After the mayor refused to order the election, a group of citizens filed a petition for writ of mandamus. The trial court granted the petition for writ of mandamus and ordered the mayor of the city of Seven Points to order the abolition election. The court of appeals reversed the judgment of the trial court and rendered judgment denying the petition for writ of mandamus. 805 S.W.2d 791. We reverse and remand this cause to the court of appeals.

In March 1988, a group of citizens (citizens) submitted a petition requesting that the mayor order an election on the question of abolishing the corporate existence of the city of Seven Points to the mayor. The petition contained the signatures of 207 persons. The mayor appointed a committee of three persons to study and evaluate the petition. Approximately six days later, the committee filed a report with the mayor and the city council. The report concluded that the petition contained the signatures of 176 qualified voters and that there were 358 qualified voters in the city of Seven Points "as close as can be determined." Based upon the report, the mayor refused to order the election. Subsequently the citizens filed a petition for writ of mandamus and requested that the trial court order the mayor to order the abolition election.

At trial, the court, without a jury, heard conflicting testimony concerning the number of qualified voters in the city of Seven Points. Several witnesses testified that the number of qualified voters was between 240 and 260. The chairman of the committee appointed by the mayor to study and evaluate the citizens' petition testified that the total number of qualified voters was 358. In its findings of fact, the trial court found that the number of qualified voters of the city of Seven Points was less than 400 and that a petition signed by at least two-thirds of the qualified voters was submitted to the mayor. The trial court granted the petition for writ of mandamus and ordered the mayor (and anyone performing his duties and responsibilities) and the city of Seven Points "to perform all legal requirements for the holding of a valid election on the question of the abolition of the municipal corporate existence of the City of Seven Points and such election is to be held on the 6th day of May, 1989." The court of appeals, stating that the citizens failed to discharge their burden to present evidence that demonstrated that the mayor's refusal to grant the petition and order the election was arbitrary and unreasonable, reversed the trial court and rendered judgment denying the petition for writ of mandamus. 805 S.W.2d 791.

The citizens argue that they were not required to prove that the mayor's refusal to grant their petition and order the election was arbitrary and unreasonable. We agree.

A writ of mandamus will issue to compel a public official to perform a ministerial act. Womack v. Berry, 156 Tex. 44, 291 S.W.2d 677, 682 (1956); Turner v. Pruitt, 161 Tex. 532, 342 S.W.2d 422, 423 (1961). An act is ministerial when the law clearly spells out the duty to be performed by the official with sufficient certainty that nothing is left to the exercise of discretion. Depoyster v. Baker, 89 Tex. 155, 34 S.W. 106, 107 (1896); Parrish v. Wright, 293 S.W. 659, 663 (Tex.Civ.App.--Amarillo 1927, writ ref'd); Lampson v. South Park Ind. School Dist., 698 S.W.2d 407, 423-24 (Tex.App.--Beaumont 1985, writ dism'd). Furthermore, a writ of mandamus will not issue to compel a public official to perform an act which involves an exercise of discretion. However, this rule is not without exception--a writ of mandamus may issue in a proper case to correct a clear abuse of discretion by a public official. Womack v. Berry, 291 S.W.2d at 682; Dykes v. City of Houston, 406 S.W.2d 176, 183 (Tex.1966). This case, however, does not involve an abuse of discretion by a public official but involves the performance of a ministerial act by a public official.

The petition requesting that the mayor order an election on the question of abolishing the corporate existence of the city of Seven Points was filed pursuant to section 62.002 of the Texas Local Government Code which states:

(a) The mayor of the municipality shall order an election on the question of abolishing the municipality's corporate existence if a petition requesting that the election be held is submitted to the mayor and is signed by at least 400 qualified voters of the municipality. However, if a majority of the qualified voters of the municipality is less than 400, the petition must be signed by at least two-thirds of the qualified voters of the municipality.

(b) The mayor shall order the election to be held on the same date as the next general election at which the office of mayor is to be filled.

TEX. LOCAL GOV'T CODE ANN. § 62.002 (Vernon 1988) (emphasis added). Section 62.002 spells out the act to be performed by the mayor with sufficient certainty so that nothing is left to the exercise of discretion. Once the trial court determined that a majority of the qualified voters was less than 400 and the petition was signed by at least two-thirds of the qualified voters, the mayor had no discretion; therefore the act became ministerial and the trial court was required to grant the petition for writ of mandamus and order an election on the question of abolishing the city's corporate existence. Thus, under the facts and circumstances of this case, we hold that the citizens were not required to prove that the mayor's refusal to grant their petition and order the election was arbitrary and unreasonable.

The remaining issue before this court is whether the evidence is legally insufficient to support the trial court's finding that the petition was signed by at least two-thirds of the qualified voters. Before we consider this issue, however, we must determine whether the trial court's finding that the petition was signed by at least two-thirds of the qualified voters is reviewable for legal sufficiency of the evidence.

In its findings of fact, the trial court found, among other things, that the number of qualified voters of the city of Seven Points was less than 400 and that a petition signed by at least two-thirds of the qualified voters was submitted to the mayor. In the court of appeals, the city of Seven Points asserted a point of error complaining that the evidence is legally insufficient to support the trial court's finding that the petition was signed by at least two-thirds of the qualified voters. Findings of fact in a case tried to the court have the same force and dignity as a jury's verdict upon questions. L.R. French v. Diamond Hill Jarvis Civic League, 724 S.W.2d 921, 922 (Tex.App.--Fort Worth 1987, writ ref'd n.r.e.); Reyes-Retana v. PTX Food Corp., 709 S.W.2d 695 (Tex.App.--San Antonio 1986, writ ref'd n.r.e.). The trial court's findings of fact are reviewable for legal (and factual) sufficiency of the evidence by the same standards as applied in reviewing the legal (and factual) sufficiency of the evidence supporting a jury's finding. Creative Mfg., Inc. v. Unik, Inc., 726 S.W.2d 207, 210 (Tex.App.--Fort Worth 1987, writ ref'd n.r.e.); Okon v. Levy, 612 S.W.2d 938, 941 (Tex.Civ.App.--Dallas 1981, writ ref'd n.r.e.). Under these circumstances, we are unable to ascertain why a trial court's finding of fact in a petition for writ of mandamus should be subject to a different standard of review than any other finding of fact by a trial court. Therefore, we hold that the trial court's finding that the petition was signed by at least two-thirds of the qualified voters is reviewable for legal sufficiency of the evidence. 2

We now consider whether the evidence is legally insufficient to support the trial court's finding that the petition was signed by at least two-thirds of the qualified voters. In...

To continue reading

Request your trial
874 cases
  • Villagomez v. Rockwood Specialties, Inc., 13-05-389-CV.
    • United States
    • Court of Appeals of Texas
    • November 30, 2006
    ...... See City" of Keller v. Wilson, 168 S.W.3d 802, 827 (Tex.2005). .  \xC2"... or evidence, but we will nevertheless address the points raised. Among other things, Rockwood argued that the ...         Villagomez raises seven issues on appeal: (1) did the trial court err in sustaining ... Anderson v. Seven Points, 806 S.W.2d 791, 794 (Tex.1991); see also ......
  • Miranda v. Byles
    • United States
    • Court of Appeals of Texas
    • November 16, 2012
    ...... Anderson v. City of Seven Points, 806 S.W.2d 791, 794 (Tex.1991). ......
  • Ed Rachal Foundation v. D'Unger, 13-00-335-CV.
    • United States
    • Court of Appeals of Texas
    • August 29, 2003
    ......Calvert, "No Evidence" and "Insufficient Evidence" Points" of Error, 38 Tex. L.Rev. 361, 366 (1960)). .       \xC2"... Byars v. City of Austin, 910 S.W.2d 520, 523 (Tex. App.-Austin 1995, ...Appraisal Dist. v. Seven Inv. Co., 835 S.W.2d 75, 77 (Tex.1992) (citing New ... See, e.g., Anderson v. Seven Points, 806 S.W.2d 791, 795 (Tex.1991). Given the ......
  • City of Keller v. Wilson, 02-1012.
    • United States
    • Supreme Court of Texas
    • September 2, 2005
    ......         "No evidence" points must, and may only, be sustained when the record discloses one of the ...v. Havner, 953 S.W.2d 706, 711 (Tex.1997); Anderson v. City of Seven Points, 806 S.W.2d 791, 795 n. 3 (Tex.1991); Cecil v. ......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT