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Lamar County Electric Cooperative Association v. Risinger

Temporary restraining order to restrict an association from holding annual meetings and elections is dissolved because the trial court abused its discretion in refusing to permit attorneys to examine the sureties on the temporary injunction bond regarding their financial conditions.

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OPINION

This is an appeal from an order of the trial court denying the motion of Lamar County Electric Cooperative Association (Lamar) and Cap Rock Electric Cooperative, Inc. (Cap Rock) to dissolve a temporary injunction. We have jurisdiction pursuant to Tex. Civ. Prac. & Rem. Code Ann. � 51.014(a)(4) (Vernon Supp. 2001).

This action for declaratory judgment and injunctive relief commenced on December 8, 2000, by Philip Risinger, an individual citizen and resident of Lamar County, against Lamar and Zed Smith, secretary of the board of directors of Lamar. Cap Rock is an intervenor. The petition alleged certain irregularities regarding the notice and other documentation sent by the board of directors of Lamar to the membership in connection with the annual meeting and election of the board of directors. Risinger sought the declaration of the trial court that the procedures employed were unlawful, and further sought to enjoin the annual meeting and election of the board unless proper procedures were employed in calling the meeting and election.

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