Hills and Dales v. Reeves, 14955
| Decision Date | 21 October 1970 |
| Docket Number | No. 14955,14955 |
| Citation | 459 S.W.2d 672 |
| Parties | HILLS AND DALES, Relators, v. Blair REEVES, County Judge and City of San Antonio, Respondents. |
| Court | Texas Court of Appeals |
Gray, Gardner, Robison & Cobb, San Antonio, for relators.
Ted Butler, Dist. Atty., R. Emmett Cater, Asst. Dist. Atty., Howard C. Walker, City Atty., Crawford B. Reeder, Asst. City Atty., San Antonio, for respondents.
Relators, who are residents of Hills and Dales, an unincorporated town of approximately three hundred residents, filed this original proceeding against Honorable Blair Reeves, County Judge of Bexar County, and the City of San Antonio seeking a writ of mandamus directing respondent Reeves to reinstate his order of August 21, 1970, calling an election for incorporation of the town of Hills and Dales, or in the alternative, to order a new election.
Art. 1735a, Vernon's Annotated Civil Statutes, grants this Court original jurisdiction and authority to issue the writ of mandamus against any public officer to compel the performance, in accordance with the laws of this state, of any duty imposed upon him by law, in connection with the holding of any general, special, or primary election. See Grant v. Ammerman, 437 S.W.2d 547 (Tex.1969).
On August 10, 1970, relators filed an application with respondent Reeves seeking an order setting an election to determine the question of whether the inhabitants of the town of Hills and Dales desired to incorporate under the provisions of Art. 1133 et seq. V.A .C.S. On August 21, 1970, an order was signed by respondent Reeves wherein it was found that such proposed town met all the statutory requirements and an election was duly set for September 12, 1970. Included in said order was a finding that the proposed land area of Hills and Dales is more than five miles from any inhabited or properly annexed portion of San Antonio. On August 31, 1970, the City of San Antonio filed a petition with respondent Reeves wherein it was urged that the land area proposed to be incorporated was within the extraterritorial jurisdiction of the City, and that no written consent for such incorporation had been granted by the City as required by the Municipal Annexation Act, Art. 970a, V.A.C.S. The City prayed that a hearing be held to consider whether the foregoing election order should be vacated and set aside. On September 8, 1970, a hearing was held and at the conclusion of same, respondent Reeves entered an ordering abating the election order of August 21, 1970.
The order abating the election contains a finding that the sole reason for such action was that the area proposed to be annexed is within five miles of that portion of the City of San Antonio annexed by Ordinance No. 32614. By this ordinance, the City had annexed the right-of-way of Interstate Highway 10 for a distance of some five miles from the existing city limits. Relators urge that such ordinance #32614 is void because such annexed land was not adjacent to the City of San Antonio. In their petition for mandamus, relators call our attention to the fact that the validity of a similar annexation ordinance is challenged in our Cause No. 14908, Fox Development Co. v. City of San Antonio et al., 459 S.W.2d 670.
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Todd v. Helton
...prior territorial jurisdiction of another city. Beyer v. Templeton, 147 Tex. 94, 212 S.W.2d 134 (1948); Cf. Hills and Dales v. Reeves, 459 S.W.2d 672 (Tex.Civ.App.1970, writ dism'd). The trial court judgment cannot be affirmed because we do not agree that the county judge can call an electi......
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City of McAllen v. Garza, 13-92-635-CV
...Parks v. Elliott, 465 S.W.2d 434 (Tex.Civ.App.--Houston [14th Dist.] 1971, writ ref'd n.r.e.); Hills And Dales v. Reeves, 459 S.W.2d 672 (Tex.Civ.App.--San Antonio 1970, writ dism'd). Other cases involved quo warranto proceedings properly brought after the election process was complete. See......
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Helton v. Todd, 17317
...v. Beavers, 6 Tex. 457 (1851); Perkins v. Ingalsbe, 162 Tex. 456, 347 S.W.2d 926 (1961), and Hills and Dales v. Reeves, 459 S.W.2d 672 (San Antonio, Tex.Civ.App., 1970, writ dism.). The appellee relies primarily upon the case of Beyer v. Templeton, 208 S.W.2d 692 (Dallas, Tex.Civ.App., 1947......
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State ex rel. Engle v. City of San Antonio, 15029
...of prior litigation. See Fox Development Company v. City of San Antonio, 468 S.W.2d 338 (Tex.1971); Hills and Dales v. Reeves, 459 S.W.2d 672 (Tex.Civ.App.--San Antonio 1970, writ dism'd). ...