April 19, 2008
Texas Supreme Court Splits on Annexation Statute
In a 5-4 opinion, the Texas Supreme Court in City of Rockwall v. Hughes, 246 S.W.3d 621 (Tex. 2008) split in an interesting case involving municipal power to annex. A landowner objected to his inclusion in a proposed annexation, and his objection was denied. He then sought arbitration of the dispute, pursuant to the statute in issue, but the City refused to arbitrate. He then filed suit.
The statute provided that if the city "fails to take action" on a petition concerning the proposed annexation, the petitioner "may request arbitration of the dispute." The Supreme Court split on whether, if the City denies the petition, this was a "fail[ure] to take action" that allowed for a demand for arbitration.
The majority opinion, which relied on the statutory directive in Texas on how to interpret statutes, reasoned that the statute was unambiguous and not absurd: if the City denied the petition, that was that. There were other, quite limited, means to challenge the denial, but a demand for arbitration was not among them because the city had not "fail[ed] to take action."
The minority opinion disagreed strongly with the majority on the approach to statutory interpretation, stating that it made little sense to interpret the statute to allow for a claim for arbitration only if the City ignored the petition. "When searching for statutory meaning, words matter -- and so does context" is one of the headings in the dissent.
So, here we have a paradigm dispute over whether one set of judges is being "literal" and the other "contextual" though both purport to apply the plain meaning and avoid absurd results.
In my view, fwiw, the majority got it wrong. Especially compelling, I thought, was the point that the minority made that the majority's approach largely renders the arbitration provision meaningless and superflous.
Interesting case for far more than the narrow issue involved!
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