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Mattox v. Grimes County Commissioners Court

The issue on appeal is whether the commissioners court had discretion to deny the petition under Texas Local Government Code �232.008(h). Because there are genuine issues of material fact as to whether Texas �232.008(h) applies, neither party is entitled to summary judgment. Houston's 14th Court of Appeals, No. 14-08-00193-CV, 10-29-2009

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Reversed and Remanded and Majority and Dissenting Opinions filed October 29, 2009.

MAJORITY OPINION

Appellants, Gregory R. Mattox and Barbara Wilkerson, appeal the trial court’s judgment denying their petition for writ of mandamus to compel appellees, Grimes County Commissioners Court, Betty Shiflett, John Bertling, and Pam Finke, to order the cancellation of a roadway dedication. In five issues, appellants argue that: (1) the trial court erred by denying their petition for writ of mandamus; (2) the affidavits attached to appellees’ motion for summary judgment were not competent summary judgment evidence; (3) the trial court erred by denying appellants’ motion for summary judgment; (4) the trial court erred by granting appellees’ motion for summary judgment, and (5) the trial court erred by denying appellants’ motion for sanctions. We reverse and remand.

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