Citizen has no standing to sue to prevent red-light camera referendum election says 2nd Court of Appeals

Jody Weiderman v. The City of Arlington, 02-15-00120-CV (Tex. App. – Fort Worth, September 17, 2015).

This is an election case where the Second Court of Appeals upheld the granting of a plea to the jurisdiction essentially holding a citizen could not file suit to stop a referendum election due to a lack of a distinct injury.

The City received a referendum petition to hold and election to remove red-light cameras in the City.  The City Council signed an ordinance calling for the election. Immediately afterwards Weiderman filed suit attempting to stop the City from performing any actions to move forward with the election.  The City filed a plea to the jurisdiction which the trial court granted. Weiderman appealed.

After analyzing the standards and pleadings, the court determined there was no evidence Weiderman suffered any direct or distinct injury because of the calling of the election. He admitted at the hearing his injuries are no different than any other citizens’. The failure of such a distinct injury equates to Weiderman having no standing to bring suit. The granting of the plea was upheld.

If you would like to read this opinion click here. Chief Justice Livingston, Justice Dauphinot,  and Justice Gabriel. Memorandum Opinion by Justice Gabriel. The attorneys listed for Weiderman are Wallace B. Jefferson and Andy Taylor.  The attorney for the City Defendants is Robert H. Fugate.

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