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Teague - Supreme Court of Texas

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accordance with the contentions <strong>of</strong> the City and State would render it so vague, indefinite<br />

and uncertain as to be in violation <strong>of</strong> the due process chum <strong>of</strong> the United States and<br />

<strong>Texas</strong> Constitutions. The law is clear h t a statute is void for vagueness and a violation<br />

<strong>of</strong> due grocess if men and women <strong>of</strong> common intelligence must guess at the meaning <strong>of</strong><br />

the statute. Old Peurborn DM. Co. v. Seagram-Distillers Corp., 299 U.S .I83 (1 936);<br />

Keyishian v. Board <strong>of</strong> Regenbs, 3 85 U.S. 589 (1 967). Due process is violated when<br />

persons <strong>of</strong> common inteIligence are compeUed to guess at a law's meaning and<br />

applicability or when there is a substantial risk <strong>of</strong> miscalculation by those whose ads are<br />

subject to regulation. XB. Advertising Inc. v. Sign Bd OfAppeab <strong>of</strong> City <strong>of</strong>CmoIIturm,<br />

883 S.W.2d 443,448 (Tex App.-Wand 1994, writ hied).<br />

E. The opinion <strong>of</strong> the court <strong>of</strong> a d does not abro~ate the statuto~ nat)eaI<br />

. .<br />

ess for a dcipalitv's demolrtr on order throa the UDJA. rather the<br />

samte - issue,<br />

The State contends that the court <strong>of</strong> appeals has supphkd the statutory review<br />

process for demolition orders through the use <strong>of</strong> the Uniform DecIaratory Judgment Act.<br />

Once again, this fa& to understand the dual claims for relief made in <strong>Teague</strong>'s pleadings.<br />

W~th nothing more than a curmy look at the opinion <strong>of</strong> the court <strong>of</strong> appeals, it is clear<br />

that it did not rely on the UDiA in any manner in reaching its decision. To the contrary,<br />

the court specifidly held that <strong>Teague</strong> complied with the jurisdictional requirements <strong>of</strong><br />

section 214.0012, and as such it need not evaluate his UDJA c<strong>of</strong>lstitutionall arguments.<br />

Teap, 190 S.W.3d at 820-82 1. Therefote, my alleged fear <strong>of</strong> the substitution <strong>of</strong> the

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