City of Gladewater v. State, 2384-7750.

• Citation: 157 S.W.2d 641
• Decision Date: 17 December 1941
• Docket Number: No. 2384-7750.,2384-7750.
• Parties: CITY OF GLADEWATER v. STATE ex rel. WALKER et al.
• Court: Texas Supreme Court

Page 641

157 S.W.2d 641

CITY OF GLADEWATER v. STATE ex rel. WALKER et al.

No. 2384-7750.

Commission of Appeals of Texas, Section A.

December 17, 1941.

Error to Court of Civil Appeals of Sixth Supreme Judicial District.

Proceeding in the nature of quo warranto by the State, on the relation of Mrs. E. L. Walker and others, against the City of Gladewater for a decree adjudging the city's annexation of relator's land illegal and void and an injunction against assessment and collection of city taxes thereon. A judgment for defendant was reversed and judgment for relators rendered by the Court of Civil Appeals, 139 S.W.2d 283, and defendant brings error.

Judgment of Court of Civil Appeals reversed, and judgment of trial court affirmed.

Samuel C. Harris, City. Atty., of Gladewater, and Hurst, Leak & Burke, of Longview, for plaintiff in error.

Fred Erisman, Cr. Dist. Atty., Ralph Prince, Asst. Cr. Dist. Atty., Angus G. Wynne, Henry H. Harbour, and Philip Brin, all of Longview, for defendants in error.

HICKMAN, Commissioner.

This proceeding is in the nature of a quo warranto brought by the State of Texas by and through Oscar B. Jones, Criminal District Attorney of Gregg County, upon the relation of Mrs. E. L. Walker, a feme sole, W. H. York and Leland Fikes, against the City of Gladewater, a municipal corporation organized under the general laws of Texas. The relief sought was a decree adjudging that the acts of the city in attempting to annex certain land belonging to the relators to the city were arbitrary, illegal and void, and an injunction against the officers, and agents of the city prohibiting them from assessing or attempting to assess relators' said land for city tax purposes and from attempting to collect any taxes against same. Their prayer was denied by the trial court, but upon appeal the judgment of that court was reversed by the Court of Civil Appeals and judgment rendered to the effect that the act of the city in including the land of relators within the annexation ordinance in question was invalid and of no force and effect. 139 S.W.2d 283.

By ordinance dated December 23, 1936, there was added to the City of Gladewater a strip of land 800 feet in width extending practically the entire length of the east boundary line of the city, thence across the entire north boundary line and west boundary line, and across a part of the south boundary line. The boundaries of the extended area and the former boundaries of the city are shown in general by a map made a part of the opinion of the Court of Civil Appeals. The total area of the land included in the annexation ordinance is 442.29 acres of which about 70 acres belong to relators. It was not sought to have the ordinance declared void, but only to have same declared void in so far as it affected the relators' land.

In enacting the ordinance the city proceeded under the authority of Article 974, R.C.S., which reads as follows: "When a majority of the inhabitants qualified to vote for members of the State legislature of any territory adjoining the limits of any city incorporated under, or accepting the provisions of, this title, to the extent of one-half mile in width, shall vote in favor of becoming a part of said city, any three of them may make affidavit to the fact to be filed before the mayor, who shall certify the same to the city council of said city. The said city council may, by ordinance, receive them as part of said city; from thenceforth the territory so received shall be a part of said city; and the inhabitants thereof shall be entitled to all the rights and privileges of other citizens, and bound by the acts and ordinances made in conformity thereto and passed in pursuance of this title."

There were no irregularities in the election or other proceedings leading up to the passing of the ordinance. The area included in the strip sought to be annexed adjoined the limits of the city and did not exceed one-half mile in width. The ground upon which it was sought to have the ordinance declared void in so far as it applied to the lands of relators may be stated in general as follows: It was alleged that the property of relators within the extension was situated to the southwest of the city where there is no territory built up or inhabited; that their land was not fit for city purposes, was not inhabited and was low, swampy, overflow land consisting only of oil properties, refineries, storage pits, storage tanks and salt water pits. It was further alleged that the land was not adapted to city purposes nor could it receive any protection or benefits from the city government; that it was wholly unfit for habitation or residential purposes or for the purpose of ordinary business and was not suited for any purpose other than for the production of oil or the storage thereof, and the handling of salt water and refuse from the production and refining of oil. It was further alleged that this land was not...