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CITY OF ALAMO v. GARCIA

No. 13-97-340-CV.

960 S.W.2d 221 (1997)

THE CITY OF ALAMO and its Employees, Agents and all Those Acting in Concert with them or at their direction, Appellants, v. Ponciano GARCIA, Appellee.

Court of Appeals of Texas, Corpus Christi.

Rehearing Overruled December 18, 1997.

Attorney(s) appearing for the Case

Neil E. Norquest, Chris A. Brisack, Norquest & Brisack, James E. Darling, Kevin D. Pagan, McAllen, for appellants.

Aaron Pena, Jr., Edinburg, Keith C. Livesay, McAllen, for appellee.

Before SEERDEN, C.J., and FEDERICO G. HINOJOSA, Jr. and CHAVEZ, JJ.

OPINION

SEERDEN, Justice.

The City of Alamo, appellant, appeals the trial court's decision to issue a temporary injunction prohibiting it from swearing-in a newly elected commissioner. We reverse the trial court's decision and order that the injunction be dissolved.

The City of Alamo is a home rule city governed by its city charter. A home rule city looks to the legislature only to ascertain whether the legislature has limited the city's constitutional...

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