powers of home rule (Texas) · Go Syfert
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powers of home rule in Texas

8 Texas opinions name it 3 courts 1946–1995 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.

Followed or applied (2)

CaseFollowedCited
Lower Colorado River Authority v. City of San Marcosgreen
tex · 1975 · cited in 6 Texas opinions naming this issue, 1977–1995
2 sentences

1995"The powers of home rule cities are subject to and may be limited only by their charters or by the Constitution or by general law." Lower Colo. River Auth. v. City of San Marcos, 523 S.W.2d 641 , 644 (Tex. 1975).

1977Auth. v. City of San Marcos, 523 S.W.2d 641, 644 (Tex.1975): “The powers of home rule cities are subject to and may be limited only by their charters or by the Constitution or by general law.” (emphasis supplied) Counsel for appellee argues that Ordinance 74-65 is invalid because the language therefrom quoted in footnote 3 is “inconsistent with the letter and spirit of Section 8 of Article 1269m, Revised Civil Statutes of the State of Texas.” 4 Counsel contends that Ordinance 74-65 is in conflict with this language found in the cited statute: “All persons in each classification shall be paid t

46
Nichols v. Houston Police Officers' Pension Boardgreen
texapp · 1960 · cited in 1 Texas opinions naming this issue, 1977–1977
2 sentences

1977Appellee cites Nichols v. Houston Police Officers’ Pension Board, 335 S.W.2d 261, 263 (Tex.Civ.App. — Waco 1960, writ ref’d n. r. e.), as supporting the position taken.

1977Appellee cites Nichols v. Houston Police Officers' Pension Board, 335 S.W.2d 261, 263 (Tex.Civ.App.—Waco 1960, writ ref'd n. r. e.), as supporting the position taken. *410 Again, we disagree.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Texas. Read the followed side critically anyway.

Also cited on this issue (3)

CaseCitedYears
Dallas Merchant's & Concessionaire's Ass'n v. City of Dallas green
tex · 1993
1 sentence

1995"If the Legislature chooses to preempt a subject matter usually encompassed by the broad powers of a home-rule city, it must do so with unmistakable clarity." Dallas Merchants Concessionaires Ass'n, 852 S.W.2d at 491 .

11995–1995
Forwood v. City of Taylor green
tex · 1948
2 sentences

1989The result is that now it is necessary to look to the acts of the legislature not for grants of power to such cities but only for limitations on their powers.” Forwood v. City of Taylor, 147 Tex. 161 , 214 S.W.2d 282 . and, The powers of home rule cities are subject to and may be limited only by their charters or by the Constitution or by general law.

1989The result is that now it is necessary to look to the acts of the legislature not for grants of power to such cities but only for limitations on their powers.” Forwood v. City of Taylor, 147 Tex. 161 , 214 S.W.2d 282 . and, The powers of home rule cities are subject to and may be limited only by their charters or by the Constitution or by general law.

11989–1989
City of Houston v. City of Magnolia Park green
tex · 1925
2 sentences

1946They say that since the territory sought to be annexed has a population in excess of 5,000 it is vested with the powers of home rule and petitioners are therefore without authority to annex it, under the holding in City of Houston v. City of Magnolia Park, 115 Texas, 101 , 276 S. W. 685 .

1946They say that since the territory sought to be annexed has a population in excess of 5,000 it is vested with the powers of home rule and petitioners are therefore without authority to annex it, under the holding in City of Houston v. City of Magnolia Park, 115 Texas, 101 , 276 S. W. 685 .

11946–1946

Where else courts name it

IL 26 (1975–2025) TX 8 (1946–1995) CO 4 (1958–2008) LA 3 (1997–2001) KS 2 (1997–2024) MD 2 (2010–2010) MI 2 (1984–2024)

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.

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