Robinson v. Parker

353 S.W.3d 753, 54 Tex. Sup. Ct. J. 1640, 2011 Tex. LEXIS 637, 2011 WL 3796351
Texas Supreme Court·Decided August 26, 2011·No. No. 08-0658·Published·Cited by 92 cases

Opinion

Justice GREEN

delivered the opinion of the Court.

In this case, we are asked to decide (1) whether citizens who signed a petition proposing a local ballot initiative have standing to assert their declaratory judgment claims that the voter-approved initiative is valid and must be enforced; and (2) the validity of the voter-approved initiative. Because the citizens’ claims are not ripe, however, we cannot reach those issues.

I

Petitioners Carroll G. Robinson, Bruce R. Hotze, and Jeffrey N. Daily are citizens of Houston who participated to varying degrees in efforts to place a proposition regarding city revenues and spending on the ballot for public referendum. Hotze and Daily organized the petition drive and helped draft the final language of the proposal. All three Petitioners signed the petition, donated time and money to campaigns promoting the passage of the proposition, and voted in favor of it.

On November 2, 2004, Houston voters passed the proposition, called Proposition 2, as well as Proposition 1, which the Houston City Council had placed on the ballot by its own act in response to Prop. 2.1 Prop. 1 garnered more votes, with 280,-596 favorable votes, or 64% of the total, as opposed to 242,697 favorable votes for Prop. 2, or 56% of the total. However, the City of Houston determined that, because Prop. 1 and Prop. 2 conflict, Prop. 2 was ineffective and unenforceable. The City based that determination both on what Petitioners refer to as Prop, l’s “poison pill provision,”2 and on the conflicting-ordinance provision in the Houston City Charter. See Hous., Tex., Code Ordinances, City Charter art. IX, § 19 (2006) (“[A]t any election for the adoption of amendments if the provisions of two or more proposed amendments approved at said election are inconsistent the amendment receiving the highest number of votes shall prevail.”). The mayor there[755] fore did not certify the results of the passage of Prop. 2 to the secretary of state, and the city council did not enter an order in the city records declaring that Prop. 2 had been adopted. See Tex. Loo. Gov’t Code §§ 9.005(b) (requiring city council to pass an ordinance declaring the adoption of an initiative that receives a majority of the vote), 9.007 (requiring mayor to certify results of an election that passes a charter amendment to the secretary of state).

Petitioners sought relief from the court of appeals, which granted them petition for writ of mandamus, holding that the City had failed to perform the ministerial duties of certifying the results to the secretary of state and entering an order declaring the charter amendments to have been adopted. In re Robinson, 175 S.W.3d 824, 826-32 (Tex.App.-Houston [1st Dist.] 2005, orig. proceeding). On the same day that they petitioned for mandamus relief, Petitioners filed the underlying suit seeking a declaratory judgment that Prop. 2 is effective and must be enforced. While that case was pending, the city council passed an ordinance recognizing that both Prop. 1 and Prop. 2 had passed but also declaring that Prop. 1 had received the higher number of votes. As a result, both propositions became part of the Houston City Charter. See Hous., Tex., Code Ordinances, City Charter art. III, § 1; art. VI-a, § 7; art. IX, § 20 (2006). The trial court ultimately granted summary judgment in favor of Petitioners. The court of appeals, however, ruled that Petitioners lacked standing to assert their claims, relying on our holding in Brown v. Todd, 53 S.W.3d 297, 305 (Tex.2001). 260 S.W.3d 463, 470-72 (Tex.App.-Houston [14th Dist.] 2008, pet. filed). The court remanded the case to the trial court to allow Petitioners to amend their pleadings and establish standing. Id. at 466.

Robinson, Hotze, and Daily petition for review on two grounds.3 First, they assert that the court of appeals erred when it determined that Petitioners lack standing. Second, they ask us to consider the merits of their claim that Prop. 2 should be enforced.

II

Ripeness “is a threshold issue that implicates subject matter jurisdiction ... [and] emphasizes the need for a concrete injury for a justiciable claim to be presented.” Patterson v. Planned Parenthood of Hous. & Se. Tex., 971 S.W.2d 439, 442 (Tex.1998). In evaluating ripeness, we consider “whether, at the time a lawsuit is filed, the facts are sufficiently developed ‘so that an injury has occurred or is likely to occur, rather than being contingent or remote.’ ” Waco Indep. Sch. Dist. v. Gibson, 22 S.W.3d 849, 851-52 (Tex.2000) (emphasis in original) (quoting Patterson, 971 S.W.2d at 442). Although a claim is not required to be ripe at the time of filing, if a party cannot demonstrate a reasonable likelihood that the claim will soon ripen, the case must be dismissed. See Perry v. Del Rio, 66 S.W.3d 239, 251 (Tex.2001).

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Robinson v. Parker, 353 S.W.3d 753, 54 Tex. Sup. Ct. J. 1640, 2011 Tex. LEXIS 637, 2011 WL 3796351 (Tex. 2011).

353 S.W.3d 753 (Robinson v. Parker) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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