In Re City of Conroe, Texas v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: March 15, 2024
• Docket: 09-24-00092-CV
• Status: Published

Opinion

In The

Court of Appeals

Ninth District of Texas at Beaumont

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NO. 09-24-00092-CV __________________

IN RE CITY OF CONROE, TEXAS

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Original Proceeding Montgomery County, Texas __________________________________________________________________

MEMORANDUM OPINION

The City of Conroe, Texas filed a petition for a writ of mandamus seeking to

compel the Respondent, Soco M. Gorjón (Gorjón), in her capacity as the City

Secretary of the City of Conroe, Texas (1) to review and reject the application of

Real Party in Interest Curtis L. Maddux (Maddux) for a place on the City of Conroe’s

2024 general election ballot for the office of City Council, Place 2 and notify

Maddux that his application does not comply with the applicable statutory

requirements and his name will be removed from the list of certified candidates in

the City of Conroe’s 2024 general election; and (2) to review and reject the

application of Real Party in Interest Bobby Todd Yancey (Yancey) for a place on

1 the City of Conroe’s 2024 general election ballot for the office of Mayor and notify

Yancey that his application does not comply with the applicable statutory

requirements and his name will be removed from the list of certified candidates in

the City of Conroe’s 2024 general election. See Tex. Elec. Code Ann. § 273.061.

To have standing under section 273.061 of the Texas Election Code, a relator

must demonstrate that it possesses an interest in a conflict distinct from that of the

general public, such that the respondent’s actions have caused the relator some

particular injury. In re Kherkher, 604 S.W.3d 548, 553 (Tex. App.—Houston [14th

Dist.] 2020, orig. proceeding). The City argues the Respondent’s potentially ultra

vires acts of failing to reject the applications and either directing or allowing notary

duties to be performed outside of what is required by law waived Respondent’s

governmental immunity and may expose Respondent and Relator to liability for

possible damages. After reviewing the petition and appendix, the Court concludes

that the City failed to establish that it has standing to petition for the mandamus relief

sought. Accordingly, we dismiss the petition for a writ of mandamus.

PETITION DISMISSED.

PER CURIAM

Submitted on March 15, 2024 Opinion Delivered March 15, 2024

Before Golemon, C.J., Johnson and Wright, JJ.