Bowling v. City of El Paso

Texas Supreme Court

Bowling v. City of El Paso

529 S.W.2d 509

CourtTexas Supreme Court

DecidedOctober 22, 1975

DocketNo. B-5525

StatusPublished

Cited by13 cases

This text of 529 S.W.2d 509 (Bowling v. City of El Paso) is published on Counsel Stack Legal Research, covering Texas Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Bowling v. City of El Paso, 529 S.W.2d 509 (Tex. 1975).

Pincite

Opinion

PER CURIAM.

This is a suit by the City of El Paso to have declared void and to rescind a 1972 exchange of city owned lands for lands owned by R. L. Bowling and others who were named as defendants in the trial court. The City alleged noncompliance with Art. 5421c-12, Tex.Rev.Civ.Stat.Ann., grossly inadequate consideration, and an unconstitutional donation of public property.

At the close of all the evidence the trial court withdrew the case from the jury and granted the City’s motion for an instructed verdict based on the application of Art. 5421c-12. The court of civil appeals affirmed the trial court’s judgment that the deed of the City be nullified, cancelled, set aside and declared wholly void and that the deeds of the other parties to the transaction likewise be voided. The court of civil appeals’ holding was based upon failure by the City of El Paso to publish notice of the land transfer as required by Art. 5421c-12. 525 S.W.2d 539.

While approving the judgment of court of civil appeals, we reserve the question whether a failure to comply with these statutory notice requirements renders such a transfer void or voidable.

The applications for writs of error are refused, no reversible error.

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PER CURIAM.

This is a suit by the City of El Paso to have declared void and to rescind a 1972 exchange of city owned lands for lands owned by R. L. Bowling and others who were named as defendants in the trial court. The City alleged noncompliance with Art. 5421c-12, Tex.Rev.Civ.Stat.Ann., grossly inadequate consideration, and an unconstitutional donation of public property.

At the close of all the evidence the trial court withdrew the case from the jury and granted the City’s motion for an instructed verdict based on the application of Art. 5421c-12. The court of civil appeals affirmed the trial court’s judgment that the deed of the City be nullified, cancelled, set aside and declared wholly void and that the deeds of the other parties to the transaction likewise be voided. The court of civil appeals’ holding was based upon failure by the City of El Paso to publish notice of the land transfer as required by Art. 5421c-12. 525 S.W.2d 539.

While approving the judgment of court of civil appeals, we reserve the question whether a failure to comply with these statutory notice requirements renders such a transfer void or voidable.

The applications for writs of error are refused, no reversible error.

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Bluebook (online)

529 S.W.2d 509, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bowling-v-city-of-el-paso-tex-1975.

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