John William Johnson v. Town of Fulton
13-23-00436-CV
| Tex. App. | May 16, 2024Background
- Town of Fulton sued John William Johnson, alleging he obstructed public access to Casterline Drive, a dedicated public right-of-way adjacent to Johnson’s property.
- Fulton claimed Johnson erected barriers (a metal fence and concrete) on the paved portion of Casterline Drive, impeding public use and violating a criminal statute.
- Johnson argued the boundaries of the easement were incorrectly surveyed and that a prior ordinance (Ordinance 252) abandoned part of the right-of-way, reverting control to him.
- The trial court granted summary judgment for Fulton, issued a permanent injunction barring Johnson from obstructing the right-of-way, and awarded Fulton attorney’s fees under the Uniform Declaratory Judgments Act (UDJA).
- Johnson appealed, challenging subject matter jurisdiction, the existence of material fact disputes, and the fee award.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Subject Matter Jurisdiction | Case barred by § 25.0003(b) as a road dispute within commissioners’ court jurisdiction | County-specific statute (§ 25.0062) expands jurisdiction | Jurisdiction proper under § 25.0062 |
| Existence of Material Fact | Genuine dispute over Block 1’s width and right-of-way location | No material fact: usage/intent shown by surveys, ordinance | No genuine issue; summary judgment valid |
| Attorney’s Fees (UDJA) | Fees improper as UDJA used solely as vehicle for fees | UDJA is appropriate; obtained declaratory relief | Fees reversed; relief duplicative |
Key Cases Cited
- Westbrook v. Penley, 231 S.W.3d 389 (Tex. 2007) (de novo review of subject matter jurisdiction questions)
- Town of Shady Shores v. Swanson, 590 S.W.3d 544 (Tex. 2019) (burden on plaintiff to affirmatively establish jurisdiction)
- Ditech Servicing, LLC v. Perez, 669 S.W.3d 188 (Tex. 2023) (county-specific statutes can independently confer jurisdiction)
- AIC Management v. Crews, 246 S.W.3d 640 (Tex. 2008) (county-specific statutes may supersede general limitations on jurisdiction)
- Bocquet v. Herring, 972 S.W.2d 19 (Tex. 1998) (discretion in awarding fees under the UDJA)