Standley v. Sansom
367 S.W.3d 343
Tex. App.2012Background
- Standley, former Real County constable, sued the county judge and officials for trespass to title to the constable office, salary, and Open Meetings Act violations.
- Jury found automatic resignation under Tex. Const. art. XVI, §65(b); trial court rendered take-nothing judgment against Standley.
- §65(b) creates automatic resignation on announcing candidacy or actually becoming a candidate, with vacancy filled as other vacancies.
- Standley ran for Real County sheriff while more than one year remained; county appointed a replacement in April 2008.
- Standley’s Open Meetings Act claims were dismissed on summary judgment; appeal challenges jury instructions, evidentiary sufficiency, and OMA rulings.
- Evidence showed Standley told about a dozen people he was running before 2008, some statements on record or public, and he submitted filing materials while term exceeded one year.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Standard of proof for resignation | Standley seeks clear and convincing standard | Preponderance of the evidence applies | Preponderance of the evidence applies |
| Definition of 'announce' | Trial court should define 'announce' | No distinct legal meaning; ordinary meaning suffices | No abuse; 'announce' lacked distinct legal meaning; ordinary meaning used |
| Legal sufficiency of announcing prior to 2008 | Evidence insufficient to show pre-2008 announcement | Evidence supports pre-2008 announcement | Evidentiary support found; legally sufficient |
| Open Meetings Act summary judgments | County violated OMA; seek tapes and injunction | Announcements complied; no OMA violation | Summary judgments proper; announcements adequate under Lone Star precedent |
Key Cases Cited
- State Dept. of Highways & Pub. Transp. v. Payne, 838 S.W.2d 235 (Tex. 1992) (preservation of error in jury charges requires timely ruling)
- Wentworth v. Meyer, 839 S.W.2d 766 (Tex.1992) (distinction between constitutional wording and burden of proof not applicable here)
- Ellis Cnty. State Bank v. Keever, 888 S.W.2d 790 (Tex.1994) (issues resolved by preponderance of the evidence standard)