Mansfield v. City of Port Lavaca

698 S.W.2d 429, 1985 Tex. App. LEXIS 7321
CourtCourt of Appeals of Texas
DecidedSeptember 26, 1985
DocketNo. 13-84-349-CV
StatusPublished
Cited by5 cases

This text of 698 S.W.2d 429 (Mansfield v. City of Port Lavaca) 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
Mansfield v. City of Port Lavaca, 698 S.W.2d 429, 1985 Tex. App. LEXIS 7321 (Tex. Ct. App. 1985).

Opinion

OPINION

NYE, Chief Justice.

This is an appeal from summary judgments granted in favor of the appellees. Appellants brought a declaratory judgment action seeking to declare certain rights and to set aside the election which authorized the sale of city-owned land, contending statutory and city charter violations and [431]*431the unconstitutionality of Tex.H.B. 2883, 68th Leg. (1983). All of the appellees filed motions for summary judgment against the appellants which were granted by the trial court. Appellants appeal. We affirm.

The land in question comprised approximately 75 acres. It was granted to the City of Port Lavaca from the State of Texas and consists of submerged areas, built-up islands and tidal flats. The land was originally granted to the City by the passage of “Senate Bill 316” in 1921. The grant gave the City of Port Lavaca the authority to construct, own and maintain seawalls, piers and wharves and to grant franchises for the shipping districts, among other enumerated things. The State reserved all mineral rights to itself. Section 1 of the bill granted the land to the City for “public purposes only.”

In February 1981, the City entered into a contract to convey all of this city “patent land” to appellee dock companies. The Attorney General opined that the City held the patent in public trust and could not convey the land without express authority from the Texas legislature. The City Council, by resolution, sought legislation to remove the encumbrance noted by the Attorney General. Tex.H.B. 2383, 68th Leg. (1983) was passed and became law in 1983. By this bill, the State relinquished all of its right, title and interest in and to the city “patent.” The bill specified that the property in question would no longer be held in the public trust. Thereafter, the City received a Quitclaim Deed from the Land Commissioner upon payment of $20.00 per acre. This deed removed the conditions and prior limitations on the land. The city council then took measures to sell the land as intended.

The City instructed the City Secretary to publish notice of sale of the land in the local newspaper. Subsequently, the Mayor opened and read the single bid proposal received from Port Lavaca Channel & Dock Co., Bauer Channel, Dock and Harbor Co., and Calhoun County Channel and Dock in the amount of $17,932.50. The City Council considered and accepted appellees’ bid, subject to the approval by the voters of the City. An ordinance was passed calling for an election. The election was held on November 8, 1983, and the proposition authorizing the sale was passed by the electorate.

Appellants Robert Mansfield and Sterling Griffith then brought this declaratory judgment action against all of the appellees in an effort to set aside the sale of the patent land, alleging various statutory and city charter violations and the unconstitutionality of H.B. 2383. The trial court considered the summary judgment motions and granted judgments against appellants.

In appellants’ first point of error, they claim that the trial court erred in granting appellees’ motion for summary judgment because, as a matter of law, the City of Port Lavaca could not sell the coastal lands to a corporation because the property was owned by the public school fund of the State of Texas. They rely upon TEX.NAT.RES.CODE ANN. § 51.052 (Vernon 1978) concerning the conditions for the sale of land. The statute states in pertinent part: “No land may be sold to corporations, and no corporation may purchase land under this subchapter.” TEX.NAT. RES.ANN. Chapter 51 deals, in part, with the sale of land set apart to the permanent school funds under the constitution and laws of Texas. This point is without merit because the State was not the owner of the land when it was sold to the appellees. The land had been deeded from the State to the City of Port Lavaca. Statutes, such as the one at bar, do not preclude a corporation from ever acquiring title to land where a legitimate purchase has been effected. Antone v. Kurth Lumber Mfg. Co., 205 S.W.2d 438 (Tex.Civ.App. — Texarkana 1947, no writ). In addition, only the State can inquire into the want of authority of corporations to take and hold real estate. Id. at 440. Appellants’ first point of error is overruled.

In appellants’ second point of error, they argue that the trial court erred in granting summary judgment against them by ruling that they had no cause of action against [432]*432appellees. Under this point, appellants raise several arguments. First, they claim that appellees are in violation of Parks and Wildlife Code § 26.001 because the land sold by the State was a park and was sold without proper authority. Second, they claim that there was a valid referendum presented to the City Council which was not submitted to the voters of Port Lavaca. Third, appellants claim that there was a conflict of interest and alleged misconduct on the part of appellee David Denham and the City Attorney. They also argue that TEX.REV.CIV.STAT.ANN. art. 5421c-12 (Vernon 1985) was violated because there was no appraisal of the land, that it was sold too cheaply, and the publishing requirements were not met. They contend that TEX.REV.CIV.STAT.ANN. art. 969a-l (Vernon 1963) was either void or inapplicable.

Appellants’ argument that the 39.5-acre tract in question was a public park and was sold without proper authority is without merit since appellee Griffith unqualifiedly refuted his own argument in his deposition when questioned about the park area.

Q. It [the park area] is not included within the 39.85 acres [the land in question], isn’t that true, Mr. Griffith?
A. The park area is not included in the 39.85 acres.
Q. And you knew that at the time that you filed this lawsuit?
A. Yes, sir.

There was other summary judgment evidence, including the affidavit of Lorene S. Sulton, City Secretary of Port Lavaca, who testified that the record of Port Lavaca, including the City Council Minute Records, reflects that the area appellants refer to as a park has never been designated as a park or recreational area by the City of Port Lavaca. Even appellant Robert Mansfield (now deceased) had the following admission deemed admitted against him:

The Plaintiffs in the above numbered and styled suit refer to an area as a ‘park,’ which area lies outside of and northwest of, but adjacent to, the 39.85 acres but within the City Patent Tract, which City Patent Tract is that land conveyed to the City of Port Lavaca, Texas, by the State of Texas by deed dated September 19, 1921, recorded at Volume II, page 517 et seq. of the Deed Records of Calhoun County, Texas, and by deed dated September 22,1983, recorded at Volume 368, page 810 et seq. of the Deed Records of Calhoun Conty, Texas.1

No evidence was submitted by appellants to refute the claim nor could it be because of the admission which was deemed by the trial court against them.

Appellants claim also that a valid referendum was presented to the City Council which was not submitted to the voters of Port Lavaca. Again, appellant Robert Mansfield had the following admission deemed admitted against him:

With respect to the sale of the 39.85 acres by the City of Port Lavaca, no petition for referendum was presented to the City Secretary of the City of Port Lavaca.

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Bluebook (online)
698 S.W.2d 429, 1985 Tex. App. LEXIS 7321, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mansfield-v-city-of-port-lavaca-texapp-1985.