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MARSHALL v. CITY OF LUBBOCK

No. 7971.

446 S.W.2d 740 (1969)

James G. MARSHALL, Appellant, v. CITY OF LUBBOCK, a Municipal Corporation, et al., Appellees.

Court of Civil Appeals of Texas, Amarillo.

September 29, 1969.

Attorney(s) appearing for the Case

R. J. Balch, Seymour, for appellant.

Nelson, McCleskey & Harriger, Geo. W. McCleskey and Teddy L. Hartley, Fred O. Senter, Jr., City Atty., and Kenneth Jones, Ass't. City Atty., Lubbock, for appellees.

DENTON, Chief Justice.

This suit was brought by James G. Marshall as a taxpayer, and in behalf of all property owners, against the City of Lubbock and the Lubbock Industrial Foundation, to have a lease and sales option contract between the city and the foundation declared null and void. The trial court granted the defendants' motion for summary judgment and dismissed the action on the ground that plaintiff had no justiciable interest which would justify his prosecution...

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