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Hoffman v. Elliott

Supreme Court of Texas
Mar 22, 1972
476 S.W.2d 845 (Tex. 1972)

Summary

In Hoffman, the petitioners unsuccessfully sought a writ of mandamus from the trial court and court of appeals to compel the county judge to call an incorporation election.

Summary of this case from Fairview v. McKinney

Opinion

No. B-3136.

February 23, 1972. Rehearing Denied March 22, 1972.

Appeal from the District Court No. 11, Harris County, Lesher, J.

Krist, McConnico Jones, Dalton L. Jones, Houston, for petitioners.

Joe Resweber, County Atty., Gus Drake, Asst. County Atty., Houston, for respondent.


Petitioners seek a mandamus to compel Honorable Bill Elliott, County Judge of Harris County, to call an election for the incorporation of an area referred to as Clear Lake City. This area they wish to incorporate is within the extraterritorial jurisdiction of the City of Houston, and no consent has been given by the governing body of Houston for the proposed incorporation as is required by Section 8 A of Article 970a, Vernon's Anno.Tex.Civil Statutes. The mandamus was denied by the trial court and that denial affirmed by the court of civil appeals. 473 S.W.2d 675.

Petitioners contend that the area is outside of the extra-territorial jurisdiction of Houston for the reason that its Annexation Ordinance, Number 65 — 1555 BR, by which the City of Houston was extended farthest in this direction, is void. An attack upon an annexation ordinance must ordinarily be made by the State in an action of quo warranto. If the annexation be wholly void because not authorized by law or color of law, a collateral attack is permissible by private parties who suffer some burden peculiar to themselves. The position of the petitioners is virtually the same as that of the landowners in City of West Lake Hills v. State ex rel. City of Austin, 466 S.W.2d 722 (Tex. 1971). The holding in City of West Lake Hills that the private landowners had no standing to attack the incorporation or annexation there applies to petitioners here. There is no cause to decide a question as to the validity of the Houston annexation ordinance.

The application for writ of error is refused, no reversible error.


Summaries of

Hoffman v. Elliott

Supreme Court of Texas
Mar 22, 1972
476 S.W.2d 845 (Tex. 1972)

In Hoffman, the petitioners unsuccessfully sought a writ of mandamus from the trial court and court of appeals to compel the county judge to call an incorporation election.

Summary of this case from Fairview v. McKinney
Case details for

Hoffman v. Elliott

Case Details

Full title:Paul A. HOFFMAN et al., Petitioners, v. Bill ELLIOTT, County Judge of…

Court:Supreme Court of Texas

Date published: Mar 22, 1972

Citations

476 S.W.2d 845 (Tex. 1972)

Citing Cases

City of Port Isabel v. Pinnell

If an annexation is void because the city has no authority to annex, a collateral attack by private parties…

Fairview v. McKinney

Id. at 436. Only two of these cases, Hoffman v. Elliott, 476 S.W.2d 845, 846 (Tex. 1972) (per curiam), and…