17 Texas opinions name it 3 courts 1949–2018 0 in the last five years
The cases below were cited by Texas courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Lower Colorado River Authority v. City of San Marcosgreen2 sentences2018See Lower Colo. River Auth. , 523 S.W.2d at 645 ("A limitation on the power of home rule cities by general law ... may be either an express limitation or one arising by implication."); Glass , 244 S.W.2d at 649 . 2016In Lower Colorado River Authority v. City of San Marcos, we stated that “[a] limitation on the power of home rule cities by general law ... may be either an express limitation or one arising by implication,” but we have never delineated the distinction between the two. 523 S.W.2d 641, 645 (Tex.1975). | 3 | 7 |
Glass v. Smithgreen2 sentences2018See Lower Colo. River Auth. , 523 S.W.2d at 645 ("A limitation on the power of home rule cities by general law ... may be either an express limitation or one arising by implication."); Glass , 244 S.W.2d at 649 . 1987Prescott v. City of Borger, supra. The Texas Supreme Court has declared: A limitation on the power of home rule cities by general law or charter may be either an express limitation or one arising by implication. `Such a limitation will not be implied, however, unless the provisions of the general law or of the charter are clear and compelling to that end.' Glass v. Smith, 150 Tex. 632 , 244 S.W.2d 645 . | 1 | 7 |
City of Sweetwater v. Gerongreen2 sentences2018Lower Colo. River Auth. , 523 S.W.2d at 645 (quoting City of Sweetwater v. Geron , 380 S.W.2d 550 , 552 (Tex. 1964) ); accord BCCA Appeal Grp., Inc. , 496 S.W.3d at 7 ; In re Sanchez , 81 S.W.3d 794 , 796 (Tex. 2002) (orig. proceeding). 1988It has been held that any legislative intention to limit the power of home rule cities must “appear with unmistakable clarity,” City of Sweetwater v. Geron, 380 S.W.2d 550, 552 (Tex.1964). | 1 | 3 |
Bcca Appeal Group, Inc. v. City of Houston, Texasgreen1 sentence2018Lower Colo. River Auth. , 523 S.W.2d at 645 (quoting City of Sweetwater v. Geron , 380 S.W.2d 550 , 552 (Tex. 1964) ); accord BCCA Appeal Grp., Inc. , 496 S.W.3d at 7 ; In re Sanchez , 81 S.W.3d 794 , 796 (Tex. 2002) (orig. proceeding). | 1 | 1 |
City of Beaumont v. Calder Place Corp.green2 sentences1968See City of Beaumont v. Calder Place Corporation, 143 Tex. 244 , 183 S.W.2d 713 (1944) which recognizes the power of home rule cities to maintain and operate the water works system. 1968See City of Beaumont v. Calder Place Corporation, 143 Tex. 244 , 183 S.W.2d 713 (1944) which recognizes the power of home rule cities to maintain and operate the water works system. | 1 | 1 |
City of Beaumont v. Calder Place Corp.green2 sentences1968See City of Beaumont v. Calder Place Corporation, 143 Tex. 244 , 183 S.W.2d 713 (1944) which recognizes the power of home rule cities to maintain and operate the water works system. 1968See City of Beaumont v. Calder Place Corporation, 143 Tex. 244 , 183 S.W.2d 713 (1944) which recognizes the power of home rule cities to maintain and operate the water works system. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Texas. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Prescott v. City of Borger
green
2 sentences1987Prescott v. City of Borger, supra. The Texas Supreme Court has declared: A limitation on the power of home rule cities by general law or charter may be either an express limitation or one arising by implication. `Such a limitation will not be implied, however, unless the provisions of the general law or of the charter are clear and compelling to that end.' Glass v. Smith, 150 Tex. 632 , 244 S.W.2d 645 . 1987Prescott v. City of p. 3738 Ronorable Kent A. Caperton - Page 6 (m-790) 7 Borger , supra. The Texas Supreme Court has declared: A limitation on the power of home rule cities by general law or charter may be either an express limitation or one arising by implication. ‘Such a limitation will not be implied, however. unless the provisions of the general law or of the charter are clear and compelling to that end.’ Glass v. Smith, 150 Tex. 632 , 244 S.W.2d 645 . | 2 | 1987–1987 |
In Re Sanchez
green
1 sentence2018Lower Colo. River Auth. , 523 S.W.2d at 645 (quoting City of Sweetwater v. Geron , 380 S.W.2d 550 , 552 (Tex. 1964) ); accord BCCA Appeal Grp., Inc. , 496 S.W.3d at 7 ; In re Sanchez , 81 S.W.3d 794 , 796 (Tex. 2002) (orig. proceeding). | 1 | 2018–2018 |
Dry v. Davidson
green
1 sentence1981City of Sweetwater v. Geron, 380 S.W.2d 550 (Tex.1964); Dry v. Davidson, 115 S.W.2d 689 (Tex.Civ.App.—Galveston 1938, writ ref’d). | 1 | 1981–1981 |
State v. City of Waxahachie
green
2 sentences1959As pointed out in State v. City of Waxahachie, 81 Tex. 626 , 17 S.W. 348 , if any reasons exist for further limitations they should be addressed to the legislature.” In State ex rel. 1959As pointed out in State v. City of Waxahachie, 81 Tex. 626 , 17 S.W. 348 , if any reasons exist for further limitations they should be addressed to the legislature.” In State ex rel. | 1 | 1959–1959 |
City of Houston v. State Ex Rel West University Place
green
2 sentences1949Ho& Claude’Gilmer, Page 7 (6-977) This limitation isn the power of home rule cities has been recog- nised by the, Texas courts in-the following cases: Prescott v; City of Bor’ger, !58’S.W.2d 578 (Tex. Ci< App; 1942, err. r&J; City of ~Houston:v. ‘State, 142 Tex. 190 ; 176 S.W.2d 928 ~(1943); City of Corpus Ghristi v; Texas Driverless Co., 187 S.,W.td 607 (E cav. 1949Ho& Claude’Gilmer, Page 7 (6-977) This limitation isn the power of home rule cities has been recog- nised by the, Texas courts in-the following cases: Prescott v; City of Bor’ger, !58’S.W.2d 578 (Tex. Ci< App; 1942, err. r&J; City of ~Houston:v. ‘State, 142 Tex. 190 ; 176 S.W.2d 928 ~(1943); City of Corpus Ghristi v; Texas Driverless Co., 187 S.,W.td 607 (E cav. | 1 | 1949–1949 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.