City of Balch Springs v. George F. Lucas Irrevocable Family Trust

This is an interlocutory appeal by the City of Balch Springs ( hereinafter "City") of the trial courts denial of its plea to the jurisdiction and entry of a temporary injunction prohibiting it from annexing, by ordinance, certain property within the Citys extraterritorial jurisdiction. In four issues on appeal, the City contends that it was acting within the lawful exercise of its legislative authority in pursuing the annexation, and appellees complaints are procedural, not substantive, which, if sustained, would render the proposed action voidable, not void. Accordingly, the City says the exclusive remedy is a quo warrantor proceeding, and appellees have no standing to bring a private cause of action. Hence, the trial court had no jurisdiction over the case. The City further contends that because the trial court had no jurisdiction over the case, it had no jurisdiction to enjoin the City from annexing the property in question. For reasons that follow, we resolve the jurisdictional issue in the Citys favor, vacate the trial courts orders and dismiss the case. Tex. R. App. P. 43.2 (e).