Venable v. Sherbet
2010 Tex. App. LEXIS 9083
| Tex. App. | 2010Background
- Venable, pro se, appeals trial court dismissal of claims against Dallas County Elections Administrator Sherbet and Texas Secretary of State Andrade.
- Venable sought a permanent injunction to prohibit county funds from identifying party affiliation on ballots and from providing a straight-party voting option.
- He asserted that Texas Elections Code sections 52.065, 52.071, and 52.091 violate the Texas Constitution.
- Sherbet and Andrade filed pleas to the jurisdiction, raising issues of taxpayer standing and lack of jurisdictional facts.
- Venable amended his petition to add facts supporting taxpayer standing; trial court granted both pleas and dismissed the case.
- On appeal, the court reverses, holds error in both pleas to the jurisdiction, and remands for further proceedings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Taxpayer standing sufficiency | Venable asserts taxpayer standing; conveys expenditure of public funds by Dallas County. | Andrade argues pleadings fail to allege jurisdiction; no demonstrated expenditure or standing. | Venable pleaded sufficient facts for taxpayer standing; Andrade's lack of supporting evidence requires reversal. |
| Existence of jurisdictional facts (Sherbet) | Venable contends facts show expenditure on allegedly illegal activity. | Sherbet offered no evidence; disputes existence of jurisdictional facts. | Trial court erred; Sherbet failed to present evidence; Venable did not bear burden to negate absent facts. |
Key Cases Cited
- Tex. Ass’n of Business v. Tex. Air Control Bd., 852 S.W.2d 440 (Tex. 1993) (standing as a component of subject-matter jurisdiction)
- Bland Indep. Sch. Dist. v. Blue, 34 S.W.3d 547 (Tex. 2000) (standing requirement; weeds out general public claims)
- Williams v. Lara, 52 S.W.3d 171 (Tex. 2001) (taxpayer standing requires showing government expenditure on challenged activity)
- Tex. Dep’t of Parks & Wildlife v. Miranda, 133 S.W.3d 217 (Tex. 2004) (standards for reviewing subject matter jurisdiction de novo)
- Robinson v. Neeley, 192 S.W.3d 904 (Tex. App.—Dallas 2006) (standing and jurisdictional analysis in appellate review)
- Leggett v. City of Austin, 257 S.W.3d 461 (Tex. App.—Austin 2008) (pleadings and pleading sufficiency in pleas to the jurisdiction)
- Wadley (Dallas County v. Wadley), 168 S.W.3d 373 (Tex. App.—Dallas 2005) (evidence standard in jurisdictional challenges; defense burden)
- Clifton v. Walters, 308 S.W.3d 94 (Tex. App.—Fort Worth 2010) (when pleadings defective but curable; opportunity to amend)