Corpus Christi Court of Appeals held that a plaintiff does not have standing to bring suit, or merit a temporary injunction, where the plaintiff has not alleged an injury distinct from the public at large.
Special contributing author Laura Mueller, City Attorney for Dripping Springs
Concerned Citizens of Palm Valley, Inc. v. City of Palm Valley, 13-20-00006-CV (Tex. App.—Corpus Christi, August 13, 2020) (mem.op.).
In this taxpayer suit, the plaintiffs allege that the City is spending money on a private golf course in an unconstitutional manner, but the Court held that the denial of a temporary injunction was appropriate because the plaintiffs failed to show an injury distinct from the general public.
The plaintiffs are a group who oppose the City’s use of funds on a private golf course. They sued the City under Texas Constitutional Article 3, Section 52 that states that A City cannot spend money on private property. The plaintiffs sought a declaratory judgment preventing expenditures as well as temporary and permanent injunctions. The trial court denied the temporary injunction because there was insufficient proof that the City was in violation of the Texas Constitution. The plaintiffs appealed. The Court of Appeals affirmed the trial court’s order, but on the ground that the plaintiffs have not alleged standing for its claims.
To present a claim for a declaratory judgment or to be able to be granted a temporary injunction, a plaintiff has to prove an injury distinct from the general public. Austin Nursing Ctr., Inc. v. Lovato, 171 S.W.3d 845, 848 (Tex. 2005). A citizen cannot bring suit against a governmental entity to require it to follow legal requirements if it does not have a separate injury. While these arguments were not made by the City, the Court of Appeals held that there was insufficient evidence of a particularized injury for standing for the temporary injunction. The Court affirmed the trial court’s denial of the temporary injunction.
If you would like to read this opinion click here. Panel consists of Chief Justice Contreras and Justices Longoria and Hinojosa. Opinion by Chief Justice Contreras.