City of Corpus Christi v. J.D. Maldonado, Gabriel Vega, Timothy Wells, Brian White, and Denise White
398 S.W.3d 266
| Tex. App. | 2011Background
- Merchants, tobacco accessory shops in Corpus Christi, sued City to enjoin enforcement of Ordinances 028948 and 028967 banning illegal smoking paraphernalia.
- Ordinances broadly defined illegal smoking paraphernalia to include pipes used for tobacco, with strict liability and fines for violations.
- Trial court granted a temporary injunction on March 30, 2011 enjoining enforcement of the paraphernalia provisions; criminal prosecutions were pending or imminent.
- City appealed, arguing lack of irreparable harm findings and lack of subject-matter jurisdiction to grant equitable relief.
- Court held subject-matter jurisdiction existed for the injunction, but the order failed to state irreparable-harm reasoning required by Rule 683, rendering it void.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court had jurisdiction to grant the temporary injunction | Merchants contend irreparable harm to vested property rights justifies equitable relief. | City asserts no equitable relief where prosecution is imminent and remedy at law exists. | Trial court had subject-matter jurisdiction to issue the injunction. |
| Whether the injunction order satisfied Rule 683's reasons requirement | Merchants rely on irreparable-harm showing to support the injunction. | City argues order must articulate why irreparable harm would occur without injunction. | Order void for failing to articulate why irreparable harm would occur; remanded for proper form. |
Key Cases Cited
- State v. Morales, 869 S.W.2d 941 (Tex. 1994) (irreparable harm to vested property right can justify equitable relief despite imminent prosecution)
- City of Austin v. Austin City Cemetery Association, 87 Tex. 330 (Tex. 1894) (equitable relief may be available to prevent destruction of a lawful business)
- Morrow v. Truckload Fireworks, Inc., 230 S.W.3d 232 (Tex. App.—Eastland 2007) (no vested property right to operate a business; irreparable harm analysis in injunctions)
- City of Corpus Christi v. Friends of the Coliseum, 311 S.W.3d 706 (Tex. App.—Corpus Christi 2010) (injunctions must specify reasons for irreparable-harm findings)
- M.E.F. Enters., Inc. v. City of Houston, 730 S.W.2d 62 (Tex. App.—Houston [1st Dist.] 1987) (interpretation of when equitable relief is appropriate in the face of criminal statutes)