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CITY OF ROCKWALL v. HUGHES

No. 05-0126.

246 S.W.3d 621 (2008)

CITY OF ROCKWALL, Texas, Petitioner, v. Vester T. HUGHES, as Sole Independent Executor of the Estate of W.W. Caruth, Deceased, Respondent.

Supreme Court of Texas.

Decided January 25, 2008.

Rehearing Denied April 4, 2008.

Attorney(s) appearing for the Case

Terry D. Morgan, Terry Morgan & Associates, P.C., James W. Morris Jr., Goins Underkofler Crawford & Langdon, L.L.P., Dallas, F. Dayton Eckert Jr., Law Offices of F. Dayton Eckart Jr., Garland, Bob E. Shannon, Joseph R. Knight, Alice G. McAfee, Baker Botts LLP, Austin, TX, for Petitioner.

R. Matthew Molash, James A. Baker, Robert H. Mow Jr., Dwight A. Shupe, Matthew R. Miller, Garon R. Horton, Hughes & Luce, L.L.P., Dallas, TX, for Respondent.

Theodore Paul Gorski Jr., City of Fort Worth, Fort Worth, Edwin M. Snyder, City Attorney's Office, Denton, M. Scott Norman Jr., Texas Association of Builders, Scott Houston, Texas Municipal League, Austin, Darrin M. Coker, City Attorney for City of Pearland, Pearland, Brian D. Shannon, Texas Tech University School of Law, Lubbock, L. Stanton Lowry, Boyle & Lowry, LLP, Irving, TX, for Amicus Curiae.

Justice JOHNSON delivered the opinion of the Court, in which Chief Justice JEFFERSON, Justice WAINWRIGHT, Justice MEDINA, and Justice GREEN joined.

A municipality generally must annex land pursuant to a plan giving three years' notice of its intent to annex. If an area is exempt from the three-year notice requirement, then annexation can take place by use of abbreviated procedures with less notice of a city's intent to annex.

In this case, a landowner sought...

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