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ESSENBURG v. DALLAS COUNTY

No. 98-0055.

988 S.W.2d 188 (1998)

Randy ESSENBURG, John Mallios, Leona Stone, H. Averill Sweitzer and Walter Kowalski, Petitioners, v. DALLAS COUNTY and Dallas County District Clerk, Respondents.

Supreme Court of Texas.

September 24, 1998.

Attorney(s) appearing for the Case

Timothy E. Kelley, Dallas, for Petitioners.

John Clark Long, IV, John C. Vance, Dallas, for Respondents.

PER CURIAM.

The issue in this case is whether section 81.041 of the Texas Local Government Code is jurisdictional or, alternatively, whether it is a notice requirement. If it is jurisdictional, a defendant can raise lack of compliance for the first time on appeal. See Texas Ass'n of Bus. v. Texas Air Control Bd., 852 S.W.2d 440, 445-56 (Tex.1993). If it is merely a notice requirement, lack of compliance cannot be raised for...

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