Jackson County Hospital District v. Jackson County Citizens for Continued Hospital Care

669 S.W.2d 147, 1984 Tex. App. LEXIS 5200
CourtCourt of Appeals of Texas
DecidedMarch 15, 1984
Docket13-83-134-CV
StatusPublished
Cited by23 cases

This text of 669 S.W.2d 147 (Jackson County Hospital District v. Jackson County Citizens for Continued Hospital Care) 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
Jackson County Hospital District v. Jackson County Citizens for Continued Hospital Care, 669 S.W.2d 147, 1984 Tex. App. LEXIS 5200 (Tex. Ct. App. 1984).

Opinion

OPINION

BISSETT, Justice.

This is an appeal by Jackson County Hospital District from the granting of a permanent injunction. ' On September 27, 1982, Jackson County Citizens for Continued Hospital Care, a voluntary association, hereinafter called “plaintiff,” filed a petition seeking injunctive relief against the appellant, Jackson County Hospital District, hereinafter referred to as either the “District,” or “defendant.” The plaintiff sought to permanently enjoin the defendant from discontinuing the emergency room service at Mauritz Memorial Hospital without first having the defendant’s Board of Directors adopt, with at least seven members in favor thereof, a resolution calling for an election on whether the emergency room service should be discontinued, and then submitting the issue to the voters for determination. Following a hearing, where no evidence was introduced by either party, but based on certain stipulations of fact, the requested permanent injunction was issued on February 23, 1983.

Defendant presents two points of error in this appeal. In point number one, it asserts that the trial court erred in holding that defendant violated the Jackson County Hospital District Act by discontinuing the emergency room service at Mauritz Memorial Hospital by a five to three vote of its board. In point number two, it asserts, in essence, that the trial court erred in holding that the discontinuance of emergency room services at Mauritz Memorial Hospital can only be effectuated pursuant to the procedures delineated by Sections 4(g) and 9(a) of the Jackson County Hospital District Act, for the reason that these sections do not apply to the mere discontinuance of a specific hospital service.

Plaintiff contends that the Board, by a five to three vote, and, absent the required resolution by seven members and an election, did not have the authority to discon *149 tinue the emergency room service at the Mauritz Memorial Hospital since such service was so integral a service that the discontinuance thereof would be tantamount to the closing of a vital and essential part of the hospital which could arguably, set the stage for a piecemeal dismantling of the hospital. On the other hand, the District contends that its action was perfectly legal since it did not close either of the District’s hospitals, but merely ceased the furnishing of a specific service at one of the hospitals and combined that service for the entire district at the other hospital.

The Jackson County Hospital District Act, Tex. General Laws 1979, ch. 275, at 586, hereinafter the “Act,” created a new county-wide hospital district which replaced the old Edna Hospital District. The newly created district took over both the Edna Hospital, located in Edna, Texas, and also the Mauritz Memorial Hospital, located in Ganado, Texas. The towns of Edna and Ganado are about ten miles apart, a fact which we judicially notice.

The following sections of the Act are pertinent to the resolution of the issue presented by this appeal:

“Sec. 4(g) ... Any five members of the board shall constitute a quorum, and a concurrence of five shall be required in all matters pertaining to the business of the district except that a concurrence of seven is required to order an election on the sale or closing of a hospital transferred to the district by the county or the Edna hospital District or to recommend to the legislature legislation to amend this Act.”
“Sec. 9(a) The district may sell or otherwise dispose of any real or personal property or equipment of any nature on terms and conditions found by the board to be in the best interests of its inhabitants, except that the board may not sell or close a hospital transferred to the district by Jackson County or the Edna Hospital District unless the sale or closing of the hospital is approved by a two-thirds majority of the qualified electors of the district voting at an election called and held for that purpose. The board may not call an election on the question of the sale or closing of one of those hospitals without the concurrence of seven directors and may not call an election for that purpose within 12 months of a preceding election for that purpose.”
* * * * * *
“Sec. 18(a) Subject to other provisions of this Act, the board is given complete discretion as to the types, number and locations of buildings required to establish and maintain an adequate hospital system ...”
“Sec. 19(a) The board shall have control over and management of all of the affairs of the district and the existing hospitals located therein and shall employ or contract with persons, firms, partnerships, or corporations as deemed necessary or advisable by the board for the conduct of the affairs of the district
“Sec. 20 ... The board shall provide for the Administration, maintenance, and operation of both hospitals transferred to the district on its creation so as to furnish adequate hospital and medical care within the district and to ensure that each hospital is provided with sufficient funds, personnel, and equipment to the end that residents of the district have access to quality and competent health facilities...”

The relevant stipulations, upon which the trial court based its judgment, read as follows:

“1. The Jackson County Hospital District (hereafter District) is a political subdivision of the State of Texas, organized and existing pursuant to S.B. 1294, Acts, 66th Legislature, Regular Session, 1979.
(a) The District is governed by a nine (9) member elected Board of Directors.

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Cite This Page — Counsel Stack

Bluebook (online)
669 S.W.2d 147, 1984 Tex. App. LEXIS 5200, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jackson-county-hospital-district-v-jackson-county-citizens-for-continued-texapp-1984.