Greenway Parks Owners Association v. City of Dallas, A-6580

• Decision Date: 16 July 1958
• Docket Number: No. A-6580,A-6580
• Citation: Greenway Parks Owners Association v. City of Dallas, 159 Tex. 46, 316 S.W.2d 74 (Tex. 1958)
• Parties: GREENWAY PARKS OWNERS ASSOCIATION, Petitioners, v. CITY OF DALLAS, Respondent.
• Court: Texas Supreme Court

Page 74

316 S.W.2d 74

159 Tex. 46

GREENWAY PARKS OWNERS ASSOCIATION, Petitioners, v. CITY OF DALLAS, Respondent.

No. A-6580.

Supreme Court of Texas.

July 16, 1958.

Rehearing Denied Oct. 1, 1958.

Bowyer, Thomas, Crozier & Harris, William W. Sweet, Jr., Connie C. Renfro, Dallas, for petitioners.

Henry Kucera, City Atty., Dallas, for respondent.

Henry D. Akin, Dallas, for Mrs. Rhea Clark.

CULVER, Justice.

In its second motion the City of Dallas challenges the statement in our original opinion to the effect that the City had the right to annex the addition without the consent of the property owners. The statement is incorrect. What we should have said is that the City had the right to annex without a formal election on the part of the landowners. We do take judicial notice of city charter provisions but these had not heretofore been called to our attention. It was not until 1945 that the City Council acquired, by charter amendment, the power to annex without the consent of the territorial inhabitants. But this in no way alters our conclusion that the vote for annexation by the property owners is not a vote to abandon the maintenance charge as a matter of law. The trial court impliedly found that the property owners had not voted to discontinue that charge.

The facts about the so-called election seem to be that a meeting of the property owners was called to consider the annexation of the addition to the City of Dallas or to the City of University Park or to the City of Highland Park. The meeting was attended by from 50 to 75 property owners and a majority of those present voted for annexation to Dallas. There was no discussion of the...