Estes v. City of Granbury, 15931
| Decision Date | 09 May 1958 |
| Docket Number | No. 15931,15931 |
| Citation | 314 S.W.2d 154 |
| Parties | R. E. ESTES, Appellant, v. CITY OF GRANBURY, Appellee. |
| Court | Texas Court of Appeals |
R. E. Estes, Granbury, for appellant.
Joseph A. Chandler, Stephenville, Dumas, Huguenin & Boothman, and A. B. Huguenin, Dallas, for appellee.
R. E. Estes filed this suit against the City of Granbury seeking to enjoin the City from selling and disposing of certain utility bonds in the sum of $400,000, for the payment of which it is proposed to pledge the combined receipts from the City's electric, sewer and water systems. The court sustained the City's plea in abatement and dismissed the suit.
Appellant alleges that he is a resident citizen of the City of Granbury; that the City Council passed an ordinance and notice of election for the issuance of bonds, said election to be held on September 21, 1957, at which three propositions would be submitted to the qualified voters, namely, (1) whether the City be authorized to issue $160,000 of revenue bonds for the purpose of constructing improvements and extensions to its water works system; (2) whether it be authorized to issue $130,000 of revenue bonds for the purpose of constructing improvements and extensions to its sewer system; and (3) whether it be authorized to issue $110,000 of revenue bonds for the purpose of constructing improvements and extensions to its electric light system; and that the election is null and void and the bonds attempted to be issued are null and void, because the election notice and order, as well as the three propositions voted on, specified that the entire revenues of the water works system, the electric light system, and the sewer system shall be used to pay off and discharge said bonds, when, under the law, the receipts from each separate utility can be expended only for that particular item. There were other allegations about the invalidity of the election and the bonds, which we think it unnecessary to set out in view of our disposition of the appeal.
Appellee filed a plea in abatement, setting up, among other things, that appellant's petition fails to allege that he will or can suffer any injury peculiar to himself individually, and that therefore he has no justiciable or litigable interest in the controversy and no right to maintain the suit. The plea in abatement was sustained.
The bonds were voted under the provisions of Article 1111 et seq., Vernon's Ann. Texas St.,...
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Franks v. Welch, 14569
...S.W.2d 464, no writ hist.; Houston Natural Gas Corp. v. Wyatt, Tex.Civ.App.1962, 359 S.W.2d 257, no writ hist.; Estes v. City of Granbury, Tex.Civ.App.1958, 314 S.W.2d 154, error ref.; Hoff v. Westhoff, Tex.Civ.App.1936, 102 S.W.2d 293, error ref.; and Schenker v. City of San Antonio, Tex.C......
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Schenker v. City of San Antonio
...guardians of the public interest may maintain actions for the redress of such character of injuries.' See also Estes v. City of Granberry, Tex.Civ.App., 314 S.W.2d 154, wr. ref.; West Tex. Utilities Co. v. Smith, Tex.Civ.App., 168 S.W.2d 665, wr. ref.; Powell v. City of Baird, Tex.Civ.App.,......
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Houston Natural Gas Corp. v. Wyatt
...him to maintain a suit to enjoin its execution when the consideration was payable only from utility revenues. In Estes v. City of Granbury, Tex.Civ.App., 314 S.W.2d 154 (Writ Ref.), it was held that a city taxpayer could not maintain a suit to enjoin issuance of utility bonds by the city wi......