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HORN v. GIBSON

No. 02-10-00300-CV.

352 S.W.3d 511 (2011)

Mary HORN, Hugh Coleman, Ron Marchant, Bobbie J. Mitchell, and Andy Eads, in their Capacities as Denton County Judge and Commissioners of Denton County, Texas and Eric D. Stanley, Appellants, v. Al GIBSON, Appellee.

Court of Appeals of Texas, Fort Worth.

Rehearing Overruled November 3, 2011.

Attorney(s) appearing for the Case

Paul Johnson , Criminal District Attorney; John Feldt, Jr. , Assistant Criminal District Attorney; Chief, Civil Division; Claire Raney Yancey , Assistant Criminal District Attorney, Counsel to the Sheriff; for Denton County, Denton, TX, for Appellants Mary Horn, Hugh Coleman, Ron Marchant, Bobbie J. Mitchell, and Andy Eads, in their Capacities as Denton County Judge and Commissioners of Denton County, Texas.

Don Colleluori , Raymond E. Walker , Rebecca L. Strauser , Figari & Davenport, L.L.P., Dallas, TX, for Appellant Eric D. Stanley.

Richard Abernathy , Larry R. Boyd , Charles J. Crawford , Ross Wells , Abernathy Roeder Boyd & Joplin, P.C., McKinney, TX, for Appellee Al Gibson.

Panel: WALKER, McCOY, and MEIER, JJ.

OPINION

BILL MEIER, Justice.

I. INTRODUCTION

Appellee Al Gibson timely instituted a contest to the 2009 local option election held in current Justice Precinct 2 of Denton County, alleging that the election, which legalized the sale of all alcoholic beverages, including mixed beverages, is void because it did not encompass all of the territory in old Justice Precincts 3 and 6, both of which are partly contained within the territory of current Precinct...

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