first-in-time rule (Texas) · Go Syfert
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first-in-time rule in Texas

7 Texas opinions name it 1 courts 2001–2018 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.

Followed or applied (6)

CaseFollowedCited
Village of Creedmoor v. Frost National Bankgreen
texapp · 1991 · cited in 6 Texas opinions naming this issue, 2001–2008
2 sentences

2008See Village of Creedmoor, 808 S.W.2d at 618 (stating that “[t]he principle of first-in-time priority is still important in municipal law,” but applying controlling statute — local government code section 42.041 — to resolve appeal); cf. City of Arlington, 451 S.W.2d at 291-92 (applying first-in-time rule to determine which of two ordinances should control when both were initially invalid but later made valid by legislative validating acts).

2008See Village of Creedmoor , 808 S.W.2d at 618 (stating that “[t]he principle of first-in-time priority is still important in municipal law,” but applying controlling statute—local government code section 42.041—to resolve appeal); cf .

66
City of San Antonio v. City of Boernegreen
texapp · 2001 · cited in 3 Texas opinions naming this issue, 2003–2003
2 sentences

2003City of San Antonio v. City of Boerne , 61 S.W.3d 571, 575 (Tex. App.—San Antonio 2001, pet. granted) (op. on reh’g); Village of Creedmore , 808 S.W.2d at 618 (acknowledging that statutory framework for ETJ factors into the determination of jurisdiction rather than priority in time, alone).

2003City of San Antonio v. City of Boerne , 61 S.W.3d 571, 575 (Tex. App.--San Antonio 2001, pet. granted) (op. on reh'g); Village of Creedmore , 808 S.W.2d at 618 (acknowledging that statutory framework for ETJ factors into the determination of jurisdiction rather than priority in time, alone).

33
City of Longview v. State Ex Rel. Spring Hill Utility Districtgreen
tex · 1983 · cited in 2 Texas opinions naming this issue, 2008–2008
2 sentences

2008See City of Longview, 657 S.W.2d at 431 n. 2.

2008See City of Longview , 657 S.W.2d at 431 n.2.

22
Diversified, Inc. v. Hallgreen
texapp · 2000 · cited in 1 Texas opinions naming this issue, 2018–2018
1 sentence

2018Diversified, Inc. v. Hall, 23 S.W.3d 403, 406 (Tex.App.--Houston [1st Dist.] 2000, pet. denied) (“The holder of a later title will have priority over the holder of the earlier title once it is shown that the holder of the later title acquired it as a bona fide purchaser for value without notice of the earlier interest.”).

11
City of Arlington v. City of Grand Prairiegreen
texapp · 1970 · cited in 1 Texas opinions naming this issue, 2008–2008
1 sentence

2008See Village of Creedmoor, 808 S.W.2d at 618 (stating that “[t]he principle of first-in-time priority is still important in municipal law,” but applying controlling statute — local government code section 42.041 — to resolve appeal); cf. City of Arlington, 451 S.W.2d at 291-92 (applying first-in-time rule to determine which of two ordinances should control when both were initially invalid but later made valid by legislative validating acts).

11
City of San Antonio v. City of Boernegreen
tex · 2003 · cited in 1 Texas opinions naming this issue, 2008–2008
1 sentence

2008The result, as noted by one commentator, was that “cities were quick to engage in annexation wars and to stake [their] claim[s].” Boerne , 111 S.W.3d at 27 (citations omitted).

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 (2)

CaseCitedYears
Fuller Springs v. State Ex Rel. City of Lufkin green
tex · 1974
1 sentence

2008App.—Beaumont 1973) (holding that passage of annexation ordinance on first reading—rather than final passage—operated to extend ETJ so as to assert authority over territory in question), rev’d on other grounds , 513 S.W.2d 17 (Tex. 1974). 8: Granbury contends that because the supreme court has approved the immediately sequential annexation process that it used here, the first-in-time rule should operate to “save” the entire area proposed to be annexed according to that process.

12008–2008
Universal City v. City of Selma green
texapp · 1974
2 sentences

2001Id.

2001Id.

12001–2001

Where else courts name it

NY 21 (1994–2026) TX 7 (2001–2018) IL 6 (2003–2023) CA 5 (2020–2023) WA 5 (2011–2021) NM 4 (2008–2023) PA 2 (1981–1981) IN 2 (2012–2013)

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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