Teague - Supreme Court of Texas

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Restraining &&r on January 12,.2UU6 in the 27 l* Judicial DisErict Court of Jack County, Texas. (CR at 2). As a part of his challenge, Teague sought to ov- Order No. DM- 05 for the reason tbat the City's conduct and its Order were illegal. (CR at 3-5,8). Furthermore, Teague Wenged the mdedying st&& and ordinance stating that they violated his state and f&d constiWond due process rim. Id. The trial court issued a Temporary Restraining Order with a hearing scheduled to take pke on January 18, 2006 to determine whether to continue the Temporary Restraining Order into a Temporary Iry'umfion. (CR at 1 1- 1 2). On the date of said hearing, the City fled its Lh$edmt City of JaBsboro PZea to the 3khdicti~q SpecicaI keptiom, Uri@+ml h e r to UrrginaI Perition ad Applicafion for Tmp~ary Restraining Or*, Com&rclahlfbr Wmngid Iym~on ad Motion to DissoZve the Tempormy Restruining &&r. (CR at 19). It is important to note that this pleading included as attachments dl docu~ents which would be presMlably .filed in response to a district court's writ of certiorari. Thereafter, on Jmuary 26,2006, the Hmdle John H. Fmtel, Judge of the 271' Judicial District Court for Jack County, Texas signed an &&r grmtiug the City's plea to the jurisdiction and dissohing the trial ootlrt's Tvary Restraining Order. (CR at 184-186). Contained within the Or&, the trial court specifically found and concluded that pursuant to Section 2 14.00 12 of the Texas Local Government Code, a writ of certiorari must be filed within 30 days of a municipality's £id decision. (CR at 184). In
addition, the Court fbmd that Teague had hiled to comply with this alleged stahtory prerequis'i and as a result, an incurable jdsdictid defect existed which deprived the court of jurisdiction. (CR at 185). The trial court Med to address Teague's c b that the ordinance and statute were uncomtitutionsrl. Id. From the trial court's ruling, Teague filed an appeal in addition to a petition fir writ of injunction. Teague's request for a writ of injunction was granted by the court of ap@s and the City was prohibited km acting on its order. In re Tea*, 22006 WL 302 123 (Tex. Amp.-Fort Worth Feb. 6,2006, orig. proceeding) (memo. ope). Subsequently, the court of appeals reversed the trial court's decision hling that Teague had complied with Ehe clear and unamb'ious language of Chapter 214 when he fled his vded petition challenging the City's order as illegal and stating the grounds of the illegality. Teague v. Ci@ of Jachhro, 190 S.W.3d 813,820 (Tex App.4ort Worth 2006, p& filed). Due to the fact that it sustained Teagus's first point of srrm under Chapter 214, the court of appeals had no need to reach his decIamtory and injunctive claims. Id. On or about May 15,2006, the City filed its Petition 'r Revim with this Court. ThereolRer, the State of Texas @~~ refmed to as the "State") filed an Arnictcs Curine brief on the City's behalf. Subsequently, this Court requested Briefs on the Merits from the parties. Teague hereby respectfully submits his Brief an the Merits.
Page 2 and 3: NO. 06-0389 CITY OF JACKSBORO, TEXA
Page 4 and 5: Petitioner: CITY OF JACKSBORO Petit
Page 6 and 7: The opinion of the court of wppeals
Page 8 and 9: Keyishim v . Board of Regents. 385
Page 10 and 11: Nature of the Case: Trial Court: Tr
Page 12 and 13: STA'IXmNT OF THE FACTS At the outse
Page 16 and 17: SUMMARY OF T'iiE ARGUMENT The City
Page 18 and 19: in this case, despite the State's c
Page 20 and 21: other requirements exist. The court
Page 22 and 23: petition to challenge the City's or
Page 24 and 25: is merely the method by which the c
Page 26 and 27: included within the opinion is not
Page 28 and 29: accordance with the contentions of
Page 30 and 31: assertions =garding the statutmy pr
Page 32 and 33: k in . suits to rnlOlg4 violations
Page 34 and 35: Tap's challenges to the d tutiodty
Page 36 and 37: statutory framework and/or ordinanc
Page 38 and 39: he sought to appeal the City's demo
Page 40 and 41: that the ordinance ad statute faiI
Page 42: CERTIFICATE OF SERVICE I hereby cer
Page 46: : d dtclsion of 1 Sunday, the Ind L
Page 50: h y utw, litnhdtkr: or mta~gagce ~r

Teague - Supreme Court of Texas

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