dXd!s%`6Z@Hz h.FF )+ I would affirm the judgment of the trial court. I would hold that the posting of the notice for 72 hours before the meeting of the Commissioners Court of Smith County, together with the freeholders' petition which was posted for twenty-one days in three public places, two in the vicinity of the road to be closed, was substantial compliance with the Open Meetings Act and not against the great weight and preponderance of the evidence. services. That court so held in the face of evidence that all entrances to the courthouse were locked between 5:00 and 6:00 p.m. on May 22, and remained locked Saturday and Sunday the 23rd and 24th days of May. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. App. You can email the site owner to let them know you were blocked. 6252-17 (Vernon Supp. Website: http://www.smith-county.com/. from Texas Tech University in 1980. To advance to the general election, a candidate must win a majority (over 50 percent) of the vote. 193, 247 S.W. Apply For. You must review and accept our Terms of Service and Privacy Policy before using our In support of their argument on the law, Landowners cite, among other cases, Compton v. Thacker, 474 S.W.2d 570 (Tex.Civ.App.-Dallas 1971, writ ref'd n.r.e.). The record also discloses that the Commissioners had informally discussed the closing of the road several times but that formal action was taken by them only on August 24, 1981, after the posting of the freeholders' petition on August 3, 1981. Appellant was observed on the videotape moving about in the car. ), the court, in an opinion written after the effective date of the 1975 amendment of Sec. 2001). Please use information provided by StateCourts.org responsibly. If no candidate in a race wins the majorityas in cases where more than two candidates are competing for a seata runoff election is held between the top two candidates. ch. Your IP: You're all set! 1984) (op. APPELLANT . Court Records Jail Operations District Courts Tax Assessor County Clerk Vehicle Registration Marriage Licenses Careers HR Find Us 200 E Ferguson St. Tyler, TX 75702 Contact Phone: (903) 590-4605 Accessibility Keep in Touch Website Design by Granicus- Connecting People and Government Van Buren County's District Court, designated as the 7th District Court, has exclusive jurisdiction over the following types of cases: Adult criminal misdemeanor offenses punishable by up to one year imprisonment. Crim. 1st called session, p. 20, 1884 Tex.Gen Laws vol. App. No. ); Live Oak County v. Lower Nueces River Water Supply District, 446 S.W.2d 14, 22 (Tex.Civ.App.-Beaumont 1969, writ ref'd n.r.e.). Tyler Pipe argues that the evidence sustains the trial court's finding that the notices were posted in substantial compliance with the Open Meetings Act. Please note that OnlineDivorceTexas is a self-help service. cocaine. Justia US Law Case Law Texas Case Law Texas Court of Appeals, Twelfth District Decisions 2009 Andevron Parchman v. The State of Texas--Appeal from 7th District Court of Smith County [6], The winning candidates from each major party's primary, as well as any additional minor party candidates, compete in a general election on the first Tuesday after the first Monday in November. Every landowner could use the re-routed road free from obstruction or hindrance. One of the officers testified that the straws were significant because they were often used to snort cocaine. The judges of the Texas District Courts are chosen in partisan elections. The record shows that Whitehouse police officers were on patrol when they observed two cars in the parking lot of a closed business. In our review of the legislative history of the notice requirements of the Open Meetings Act, we note, as did the Beaumont Court, that the revisions made by the legislature since 1969 strongly suggest that the legislature intended to strengthen the notice requirement of the act. We reverse the judgment below insofar as it denied Landowners the injunctive relief sought, and remand that portion of this cause with instructions that the trial court forthwith order the issuance of a permanent injunction enjoining Smith County from closing any portion of Jim Hogg Road (County Road 431) located between the south right-of-way line of County Road 471 and the north right-of-way line of County Road 492 (Ann Campbell Road), and enjoining Tyler Pipe Industries of Texas, Inc. from occupying or placing obstructions upon any portion of Jim Hogg Road located between the south right-of-way line of County Road 471 and the north right-of-way line of County Road 492 (Ann Campbell Road). He also completed a J.D. The Lipscomb court observed that the notice provisions of Section 3A made no requirement that the notice be accessible to the public during the entire three-day period. 2001). 1979), Judge Pope wrote, "The judgment of a trial court will not be set aside if there is any evidence of a probative nature to support it, and a court of civil appeals cannot substitute its findings of fact for those of the trial court if there is any evidence in the record to sustain the trial court's findings.". Moore v. Commissioners Court, supra, at 121. Recordsfinder.com is not a consumer reporting agency and does not supply consumer reports as those terms are defined StateCourts.org is not a consumer reporting agency under the Fair Credit Reporting Act 2 Smith County Courthouse Annex The Amarillo court in Lipscomb held that notice of the meeting of the County Board of Trustees set for Tuesday, May 26, 1970, which was posted on Friday, May 22, 1970, inside the courthouse at about 5:00 p.m. constituted a substantial compliance with the notice requirements of the Open Meetings Act. You can explore additional available newsletters here. George Thornton, Joe Davenport and Glenn Ellerd, plaintiffs/appellants (Landowners), appeal from a take-nothing judgment rendered in a bench trial in their suit against Smith County, County Judge Bob Hayes, Smith County's four commissioners and Tyler Pipe Industries of Texas, Inc. (Tyler Pipe), defendants/appellees. 1998). . 42.08(a) (Vernon Supp. Although we may be of the opinion that the requirements of the notice are too restrictive, nevertheless we are not empowered to legislate a change when the import of the statute is plain and unambiguous. From our reading of Compton, supra, as well as Moore v. Commissioners Court of McCulloch County, 239 S.W.2d 119 (Tex.Civ.App.-Austin 1932, writ ref'd), and Meyer v. Galveston H. S.A. Ry. Our customer support team works 24/7 and is always ready to help you! Texas County Courts at Law Click here to contact us for media inquiries, and please donate here to support our continued expansion. We review the fact finder's weighing of the evidence and are authorized to disagree with the fact finder's determination. Clewis v. State, 922 S.W.2d 126, 133 (Tex. any information gathered through Recordsfinder.com for any purpose under the FCRA, including but not limited to 1979), the Supreme Court, writing on whether there was evidence to support the findings of the lower courts, held, "It is fundamental that these fact findings must be upheld by us if there is more than a scintilla of evidence in support thereof. Accordingly, we overrule Appellant's third issue. On Appeal from the 7th District Court Smith County, Texas Trial Court No. Tex. Gene Caldwell, Bain, Files, Allen Caldwell, Tyler, for appellees. Links for online court records and other free court resources are provided for each court, where available. Texas County Courts County argues that the substantial evidence rule applies here, and that the evidence produced at trial reasonably supports the orders of the commissioners court, and thus the judgment below should not be disturbed. Appellant Bennie Saenz was convicted by a jury of possession of cocaine. Upon questioning, Lackey told the officers that Appellant had put his hand in her pocket and was touching her. NO. Corrected partial minutes of the August 24th meeting reveal that while the votes of the members of the commissioners court were not recorded, a "motion," not quoted in the minutes, was made "on closing a portion of Jim Hogg Road adjoining a part of the Tyler Pipe Foundry property," the motion was seconded, and carried by affirmative vote of at least a majority of the court. 2.002 authorize the commissioners court to discontinue or alter public roads. 007-0375-18) THIS CAUSE came to be heard on the appellate record and the briefs filed herein, and the same being considered, because it is the opinion of this court that the judgment of the court below should be modified and as modified, affirmed. Columbiana No. To serve on the district courts, a judge must be: *While no judge older than 74 may run for office, sitting judges who turn 75 are permitted to continue serving until their term expires. Each region is overseen by a presiding judge who is appointed by the governor to a four-year term. employee screening. P rint 2023 Smith County Holiday Schedule; Holiday Date; New Years (Observed) Mon, Jan 2 . ." For example, if you or your spouse would like to get back to using the maiden name, you will have to file an Order with a request to restore it. The new County Road and Bridge Act, effective September 1, 1983, Article 6702-1, Section 2.002 (court authority) provides: The record discloses, and the plat set out herein demonstrates, that art. 6252-17, although mandatory, were subject to the substantial compliance rule, citing inter alia, Lipscomb Independent School District v. County School Trustees, 498 S.W.2d 364 (Tex.Civ.App.-Amarillo 1973, writ ref'd n.r.e.). I would overrule points two, three, four and five. OHIO FIRST DISTRICT COURT OF APPEALS 15 {52} In place of actual evidence, JFS invited the inference that, . The undisputed evidence before us reflects that the Smith County Courthouse is closed on Saturdays and Sundays. %PDF-1.6 % Sometime before August 3, 1981, following informal meetings of various county officials and representatives of Tyler Pipe, a "freeholders'" petition to close a portion of County Road 431 (Jim Hogg Road) was caused to be prepared and circulated to members of the public. Justia US Law Case Law Texas Case Law Texas Court of Appeals, Twelfth District Decisions 2021 In Re: Robert Britt Appeal from 7th District Court of Smith County In Re: Robert Britt Appeal from 7th District Court of Smith County (memorandum opinion per curiam) There is legally sufficient evidence to support the verdict that Appellant was in possession of the cocaine. Banks v. State, 708 S.W.2d 460, 461 (Tex. 1998), the Texas Court of Criminal Appeals required that a habeas applicant demonstrate that he was harmed by a deficiency in the cumulation order. In case you have any questions, please contact us via our email, phone or live chat on the website. The court first pointed out that Smith had named only Knox County Jail as defendant, and he could not sue a building. We need not address Landowner's points 1, 2, 3, 4 and 6 and decline to do so. About Smith County ADA Directory Employment. Cardenas v. State, 30 S.W.3d 384, 389 (Tex. 7th District Court in Tyler, Texas. 12-00-00378-CR IN THE COURT OF APPEALS TWELFTH COURT OF APPEALS DISTRICT TYLER, TEXAS . Subsection (h) reads in pertinent part: See Scott v. Graham, 156 Tex. The bag had not been in the car when the officers began their patrol. One of the officers detected the odor of alcohol on Appellant, so he conducted sobriety tests. Jury Duty, District and County Clerk of Court, Phone Number, and other Smith County info. Common Cause v. The Metropolitan Transit Authority, 666 S.W.2d 610, 613 (Tex.App.-Houston [1st Dist.] 6252-17, Sec. While most district courts try both criminal and civil cases, in the more densely populated counties the courts may specialize in civil, criminal, juvenile, or family law matters. He earned his BA degree from Augustana College in 1990, his MBA degree from Saint Ambrose University in 1997 and his. The officers removed Lackey from the patrol car and requested another patrol car to help in transportation. Appellants rely upon Sec. results. 431) adjoining part of Tyler Pipe Foundry Property [sic]." Petition for Writ of Habeas Corpus as to cause # 007-1153-00 in 7th District Court, Smith County, TX, filed by Stephanie Catherine Barron. App. Hon. We cancel the quit-claim deed from Smith County to Tyler Pipe Industries of Texas, Inc., dated October 9, 1981, and shown to be recorded in Vol. 007-1294-14 Before Morriss, C.J., Burgess and Stevens, JJ. Visit Site . May 9, 1985. 367 1, 1975 Tex.Gen Laws 968. Cherrie Mahan Psychic, Sandra Roberts Husband, They Seek Him Here Midsomer Murders Cast, Who Makes The Marine Corps Nco Sword?, Ammo Handler Course Promotion Points, Articles OTHER
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