SIERRA CLUB v. AUSTIN INDEPENDENT SCHOOL DISTRICT

No. 11968.

489 S.W.2d 325 (1972)

SIERRA CLUB et al., Appellants, v. AUSTIN INDEPENDENT SCHOOL DISTRICT et al., Appellees.

Court of Civil Appeals of Texas, Austin.

Rehearing Denied January 17, 1973.


Attorney(s) appearing for the Case

Paul W. Jones, Jr., Austin, for appellants.

Frank W. Elliott, Austin, for appellees.


O'QUINN, Justice.

Decision in this appeal turns on whether the governing body of a home rule city, forbidden by statute and by city charter to alienate public park land without prior approval of the electorate, may accomplish alienation without assent of the people by stipulating in condemnation court that use of the land for a public school plant is paramount to its use by the public at large as a park.

The tract of park land involved in this suit consists...

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