Hairgrove v. City of Pasadena

80 S.W.3d 703, 2002 Tex. App. LEXIS 4634, 2002 WL 1380333
CourtCourt of Appeals of Texas
DecidedJune 27, 2002
Docket01-01-00368-CV
StatusPublished
Cited by14 cases

This text of 80 S.W.3d 703 (Hairgrove v. City of Pasadena) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hairgrove v. City of Pasadena, 80 S.W.3d 703, 2002 Tex. App. LEXIS 4634, 2002 WL 1380333 (Tex. Ct. App. 2002).

Opinions

OPINION

SAM NUCHIA, Justice.

Appellants and plaintiffs below, Preston Hairgrove, Clifford Show, Dale E. Gale, and Ronnie Hoover, sued the City of Pasadena, Texas (the City) its mayor, Johnny Isbell, and city couneilmen, Bruce K. Walters, Bill Welch, Emilo Carmona, Gene Garison, Jim Barker, Phil Cayten, Leon Searcy, and John Manlove, individually and in their official capacities, alleging they maintained a “slush fund” of $20 mil[705]*705lion, which was not properly disclosed in the process of setting the budget and levying taxes. The trial court dismissed the cause for lack of standing. We affirm.

BACKGROUND

Plaintiffs filed their lawsuit on August 80, 2000 as an action for declaratory judgment. They alleged that the defendants (1) violated the City’s Home Rule Charter by maintaining the undisclosed $20 million fund; (2) acted in bad faith in levying and raising taxes without showing the undisclosed fund; and (3) violated section 26.04(e)(2) of the Texas Tax Code in setting and/or increasing the taxes assessed without disclosing the fund. For relief, plaintiffs requested (1) damages of $20 million to be returned to the budget process of the City, (2) an injunction preventing defendants from levying or collecting taxes until the fund was returned to the budget process, (3) an injunction preventing defendants from spending the fund outside the budget process, (4) a constructive trust to prevent disbursement of the funds, (5) a declaration that the guilty parties’ offices were vacant, and (6) attorney’s fees.

Defendants answered with a general denial and, in addition, asserted affirmative defenses including lack of standing and governmental and official immunity. Defendants also filed special exceptions asserting failure to state a cause of action and lack of standing. On September 19, 2000, the City adopted its tax rate for the 2000 tax year. On September 26, 2001, defendants filed a plea to the jurisdiction in which they contended plaintiffs did not have standing to sue because they did not allege an injury distinct and separate from that of the general public.

On October 27, 2000, plaintiffs filed their first amended petition, which added a cause of action for injunctive relief under the Tax Code. In their allegations, plaintiffs stated the following:

Plaintiffs request an immediate temporary restraining order and injunction against Defendants as authorized by Texas Tax Code § 26.04(g) to prevent the Defendants ... from adopting a tax rate in violation of the Home Rule Charter and the Texas Tax Code, and from spending, transferring, encumbering, obligating, delegating, etc., any cash from any account or fund not currently properly appropriated by the annual or interim fiscal period appropriation.

On March 23, 2001, the trial court signed an order granting defendants’ plea to the jurisdiction and dismissing plaintiffs’ causes of action against all defendants for lack of standing.

DISCUSSION

I. Standard of Review

Standing is a component of subject-matter jurisdiction and, therefore, cannot be waived. Tex. Ass’n of Bus. v. Tex. Air Control Bd., 852 S.W.2d 440, 445-46 (Tex.1993). Because standing is a component of subject-matter jurisdiction, we review a trial court’s determination of standing de novo. Mayhew v. Town of Sunnyvale, 964 S.W.2d 922, 928 (Tex.1998). In reviewing a dismissal for lack of jurisdiction, we construe the pleadings in favor of the plaintiff and look to the pleader’s intent. Tex. Ass’n of Bus., 852 S.W.2d at 446. When necessary, we consider evidence relevant to the jurisdictional issue. Bland Indep. Sch. Dist. v. Blue, 34 S.W.3d 547, 555 (Tex.2000).

II. Standing Under Section 26.04(g)

In their first issue, plaintiffs contend they have standing to bring their claims because standing is expressly granted in [706]*706section 26.04(g) of the Texas Tax Code. Section 26.04(g) provides:

A person who owns taxable property is entitled to an injunction prohibiting the taxing unit in which the property is taxable from adopting a tax rate if the assessor or designated officer or employee of the unit, as applicable, has not complied with the computation or publication requirements of this section and the failure to comply was not in good faith.

Tex. Tax Code Ann. § 26.04(g) (Vernon Supp.2002).

Generally, taxpayers may not sue the government to contest a governmental action unless standing is conferred by statute or the taxpayers can show they have suffered a particularized injury distinct from that suffered by the general public. See Blue, 34 S.W.3d at 555-56. Because a taxpayer lawsuit under section 26.04(g) is a statutory cause of action, we must strictly construe the statute and all the elements of the cause of action. See Ex Parte Casey, 944 S.W.2d 18, 21 (Tex.App.-Houston [14th Dist.] 1997, no writ).

A. Plaintiffs’ Original Petition

Plaintiffs, in their original petition, did not allege a particularized injury or a statute conferring standing to sue. Thus, the allegations in their original petition did not show standing pursuant to any statute or on the basis of any particularized injury.

Plaintiffs contend they had standing under their original petition because they alleged violation of section 26.04(e)(2) of the Texas Tax Code and requested a temporary and permanent injunction enjoining defendants from levying or collecting taxes from plaintiffs and the taxpayers of Pasadena. Plaintiffs argue that these allegations were sufficient to place the City on notice of their claims under the Texas Tax Code.

Although it is true that plaintiffs’ original petition gave fair notice that they were complaining about the defendants’ failure to comply with section 26.04(e)(2) of the Tax Code, the petition gave no notice whatever that plaintiffs were seeking the only relief to which they were entitled — an injunction prohibiting the City from adopting a tax rate. Instead, they requested relief not contemplated in the Tax Code, including $20 million damages to be returned to the City’s budget process, an injunction preventing the levying or collecting of taxes, an injunction preventing the spending of the fund, a constructive trust to be imposed on the fund, and a declaration that the officials’ offices were vacant.

The dissent finds plaintiffs’ prayer for general relief to be sufficient to give fair notice that they were requesting an injunction prohibiting the City from adopting a tax rate. We disagree. If plaintiffs’ prayer for general relief could be so construed, prayers for specific relief would not be necessary. The purpose of pleadings is to give notice of claims and defenses and notice of the relief sought. Perez v. Briercroft Serv. Corp., 809 S.W.2d 216, 218 (Tex.1991).

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Hairgrove v. City of Pasadena
80 S.W.3d 703 (Court of Appeals of Texas, 2002)

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Bluebook (online)
80 S.W.3d 703, 2002 Tex. App. LEXIS 4634, 2002 WL 1380333, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hairgrove-v-city-of-pasadena-texapp-2002.