Cook v. Tom Brown Ministries
385 S.W.3d 592
| Tex. App. | 2012Background
- Cook, El Paso Mayor, sought injunctive relief to stop recall petitions he alleges were illegally financed and circulated in violation of the Election Code.
- WOL Church, TBM, EPTFV and individuals were involved in organizing and supporting a recall effort against Cook and two City Representatives.
- EPTFV previously operated as a specific-purpose political committee and helped advance a 2010 measure about traditional family values.
- In 2011, EPTFV filed Form SPAC changes; inconsistencies and lack of proper treasurer designation or purpose were noted.
- The trial court initially issued a TRO, later dissolved portions, and allowed petition circulation; Cook’s mandamus relief was denied as moot.
- After a five-day temporary injunction hearing, the court denied injunctive relief; the recall election was subsequently scheduled.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the court may refuse to enforce Election Code and enjoin corporate entities | Cook argues court must enforce §253.094(b) and stop illegal corporate contributions. | Brown/WOL/EPTFV contend advisory questions and discretion apply; no direct enforcement is required. | Issues One and Two overruled |
| Whether the court may enforce provisions prohibiting expenditures without a treasurer | Cook contends §252.001, §253.003, §253.031(b) were violated without proper treasurer. | Defendants argue no proper basis to enjoin absent proper pleading and evidence. | Issues One and Two overruled |
| Whether the trial court abused its discretion by denying the temporary injunction | Cook contends violations continued and sought injunctive relief to halt continued violations. | Appellees argue insufficient imminent harm and vote to delay elections concerns. | Issue Three sustained |
Key Cases Cited
- Butnaru v. Ford Motor Co., 84 S.W.3d 198 (Tex. 2002) (injunction standards; preservation of status quo; abuse of discretion standard)
- Pharaoh Oil & Gas, Inc. v. Ranchero Esperanza, Ltd., 343 S.W.3d 875 (Tex.App.-El Paso 2011) (abuse of discretion in injunctive relief; status quo considerations)
- Walker v. Packer, 827 S.W.2d 833 (Tex.1992) (trial courts have no discretion in determining the law; standard for legal questions)
- Blum v. Lanier, 997 S.W.2d 259 (Tex.1999) (injunctions regarding election processes; judicial timing considerations)
- In re Ellis, 809 S.W.3d 71 (Tex. Crim. App. 2010) (post-Citizens United corporate contributions framework; corporate avenues for expression)
- In re Dillard Department Stores, Inc., 153 S.W.3d 145 (Tex.App.-El Paso 2004) (mandamus/injunction standards; legal issue resolution)
- San Miguel v. City of Windcrest, 40 S.W.3d 104 (Tex.App.-San Antonio 2000) (proper application of law to facts; due process in injunctive relief)
- Davis v. Huey, 571 S.W.2d 859 (Tex.1978) (non-merits review of injunction orders; standard of review)