Spr. Hill Util Dist v. Cty of Longview

642 S.W.2d 544, 1982 Tex. App. LEXIS 5366
CourtCourt of Appeals of Texas
DecidedOctober 28, 1982
DocketNo. 1479
StatusPublished
Cited by2 cases

This text of 642 S.W.2d 544 (Spr. Hill Util Dist v. Cty of Longview) 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
Spr. Hill Util Dist v. Cty of Longview, 642 S.W.2d 544, 1982 Tex. App. LEXIS 5366 (Tex. Ct. App. 1982).

Opinion

RAMEY, Justice.

This is a quo warranto action brought by the State of Texas on the relation of the Spring Hill Utility District, Ronald C. Gabriel and Michael C. Duckett (“Spring Hill”), contesting the validity of certain annexation proceedings of the city of Long-view, Texas (“Longview”) a home rule city. The trial court entered judgment declaring annexation Ordinance 1309, which comprised the main body of the water district, valid and the land described therein properly annexed by Longview.

In January 1980 a sufficient number of voting residents of the water district, most of which lay within the extraterritorial jurisdiction of Longview, petitioned the city separately for incorporation and annexation pursuant to the Texas Municipal Annexation Act. Tex.Rev.Civ.Stat.Ann. art. 970a, § 8 (Vernon 1963). The request for annexation was a prerequisite to the water district’s incorporation without Longview’s consent, should Longview not annex the district within six months of the date of receipt of the petition. After, in effect, denying the petition for incorporation, Longview passed a series of ordinances for the purpose of annexing the territory which encompassed the district. Prior to the expiration of the six month period appellant filed this action contending that the relevant ordinances were void, and the annexation of no effect, thereby allowing Spring Hill to incorporate under art. 970a, § 8. A chronological summary of the pertinent events are as follows:

April 12, 1979 Thomas land added to the district.
January 4,1980 Spring Hill files petitions for incorporation and annexation.
March 21, 1980 Harris land added to the district.
April 8, 1980 Longview sets hearing date for annexation of lands (subsequently annexed in Ordinance Nos. 1309, 1310, 1311 and 1312).
April 23, 1980 Longview holds public hearing on annexation of lands (subsequently annexed in Ordinance Nos. 1309, 1310, 1311 and 1312) and sets [546]*546hearing date for annexation of lands (subsequently annexed in Ordinance No. 1321).
May 8, 1980 Longview passes Ordinance Nos. 1309, 1310, 1311 and 1312.
May 13, 1980 Spring Hill files this suit. Also Court Order entered restraining and enjoining Longview from enforcing Ordinance Nos. 1309,1310,1311 and 1312.
May 22,1980 Longview holds public hearing on annexation of lands (subsequently annexed in Ordinance No. 1321).
June 3, 1980 Longview passes Ordinance No. 1321 and sets hearing date for annexation of lands (subsequently annexed in Ordinance No. 1328).
June 16, 1980 Longview holds public hearing on annexation of lands (subsequently annexed in Ordinance No. 1328).
June 27,1980 Longview passes Ordinance No. 1328.

The following illustration of the areas annexed by Longview is helpful to an understanding of the facts.

[547]

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Related

Opinion No.
Texas Attorney General Reports, 1986
City of Longview v. State Ex Rel. Spring Hill Utility District
657 S.W.2d 430 (Texas Supreme Court, 1983)

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Bluebook (online)
642 S.W.2d 544, 1982 Tex. App. LEXIS 5366, Counsel Stack Legal Research, https://law.counselstack.com/opinion/spr-hill-util-dist-v-cty-of-longview-texapp-1982.