MARSHALL v. CITY OF LUBBOCK

No. 8530.

520 S.W.2d 553 (1975)

James G. MARSHALL et al., Appellants, v. CITY OF LUBBOCK, Appellee.

Court of Civil Appeals of Texas, Amarillo.

Rehearing Denied March 24, 1975.


Attorney(s) appearing for the Case

Garner, Jesko & Purdom, Jack O. Nelson, Jr., Lubbock, for appellants.

Fred O. Senter, Jr., City Atty., James P. Brewster, Lubbock, for appellee.


REYNOLDS, Justice.

Two taxpayers sought a declaration that interest earned on monies received from the sale of municipal bonds issued for, and deposited at interest pending disbursement in payment of, permanent improvements constituted bond proceeds which must be expended for those capital projects, and an injunction to restrain city officials from otherwise expending the interest. Upon the basic determination that plaintiffs lacked a litigable interest in the subject...

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