WITHERS v. BANDERA COUNTY

No. 04-01-00322-CV.

75 S.W.3d 528 (2002)

John H. WITHERS, et al., Appellants, v. The COMMISSIONERS' COURT OF BANDERA COUNTY, Appellee.

Court of Appeals of Texas, San Antonio.

Rehearing Overruled March 19, 2002.


Attorney(s) appearing for the Case

Christopher J. Weber, Law Office of Christopher J. Weber, San Antonio, for Appellant.

K.H. Schneider, County Attorney-Bandera County, Bandera, for Appellee.

Sitting: PHIL HARDBERGER, Chief Justice, ALMA L. LÓPEZ, Justice, PAUL W. GREEN, Justice.


Opinion by PHIL HARDBERGER, Chief Justice.

The sole issue presented in this appeal is whether a petition for a tax rollback election is invalid if it does not include the birth dates of the signatories. Because the absence of the birth dates does not render the petition invalid, we reverse the trial court's order. The law should not prevent the voice of the people from being heard by the application of an empty technicality.

BACKGROUND

The appellants...

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