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SMITH v. CITY OF BROWNWOOD

No. 11-04-00071-CV.

161 S.W.3d 675 (2005)

Ralph SMITH and Jocelyn Smith, Appellants, v. The CITY OF BROWNWOOD, Texas, Appellee.

Court of Appeals of Texas, Eastland.

March 10, 2005.

Attorney(s) appearing for the Case

William W. Bell, Brownwood, for appellants.

William P. Chesser, City Atty., Brownwood, for appellee.

Panel consists of: ARNOT, C.J., and WRIGHT, J., and McCALL, J.

Opinion

TERRY McCALL, Justice.

This is a case of first impression involving the right to sue for disannexation when a municipality has failed or refused to provide services (such as water service and solid waste collection) after annexing an area. TEX. LOC. GOV'T CODE ANN. § 43.141 (Vernon Supp.2004-2005) provides that "[a] majority of the qualified voters of an annexed area may petition the governing body...

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