IN RE DAVIS

No. 07-0147.

269 S.W.3d 581 (2008)

In re Calla DAVIS, Melvin Hurst III, and Ann B. Hearn, Relators.

Supreme Court of Texas.

Delivered August 29, 2008.

Rehearing Denied November 14, 2008.


Attorney(s) appearing for the Case

Craig T. Enoch, Melissa Prentice Lorber, Alejandro Sin Valdes, Winstead PC, Austin, TX, Arthur J. Anderson, Jeffrey A. Hage, Winstead Sechrest & Minick, Dallas, TX, David Fowler Johnson, Winstead PC, Fort Worth, TX, for Relator.

Robert L. Schell, Grant Hugh Brenna, Assistant District Attorneys, Craig M. Watkins, Dallas County District Attorney, Dallas, TX, for Real Party in Interest, Dallas County Commissioners Court.

Aaron Paul Graft, Brown & Hofmeister, LLP, Richardson, TX, James Michael Coffman, Legal Department, Craig B. Florence, Gardere Wynne & Sewell LLP, Dallas, TX, for Amici.

Deborah G. Hankinson, William Richard Thompson III, Hankinson Levinger LLP, Andrew L. Siegel, Timothy D. Zeiger, Leland C. De la Garza, Shackelford, Mewlton & McKinley, LLP, John M. Hill, Sim Israeloff, Cowles & Thompson, P.C., Dallas, TX, for Real Party in Interest, Town of Addison.


Chief Justice JEFFERSON delivered the opinion of the Court.

Both our state and nation have struggled with regulating the sale of alcoholic beverages, vacillating between outright prohibition and widespread legalization.1 In parts of Texas, the debate rages on. Our constitution authorizes localities to decide, through local option elections, whether they will be "wet" or "dry." TEX. CONST. art...

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