Monday, September 1, 2008

Chief Jefferson on proper way to go wet (or stay dry)


Texas Supreme Court, in opinion by Chief Justice Wallace Jefferson, offers guidance on how to turn dry area wet where boundaries of original, historical unit that voted to ban alcohol has changed and/or otherwise no longer exists as a distinct political entity.

Online opinion features scanned image of Dallas-area prohibition map (in color) and hyperlinks to cited handbook article on prohibition in Texas. HTML Opinion page has case style and cause number in the title tag, a practice finally adopted by the court's webmaster(s) that will facilitate identification through search engines. Kudos!

In re Calla Davis, No. 07-0147 (Tex. Aug. 29, 2008)(Jefferson) (mandamus denial)(election law) (alcohol regulation by vote, procedure for local option referendum to turn dry area wet when boundaries of relevant area have changed)
IN RE CALLA DAVIS, MELVIN HURST III, AND ANN B. HEARN; 5th district(05-07-00198-CV, ___ SW3d ___, 02-22-07)motion to strike response to mandamus, as amended, deniedPursuant to Texas Rule of Appellate Procedure 52.8(a), the Court denies the petition for writ of mandamus.Chief Justice Jefferson delivered the opinion of the Court.

In the context of a local option election to change the status of a historical justice precinct, we conclude that the Commissioners Court must, upon request, delineate the boundaries of that historical precinct. After it has done so, qualified voters of that historical precinct may apply for local option election petitions. Tex. Elec. Code § 501.023(a). If the petitions are returned and certified, the Commissioner Court must then order a local option election for that historical precinct. Id. § 501.021.

Click here to read full opinion, view exhibit, and follow hyperlinks.

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