Opinion
No. 05-03-01357-CV.
Opinion issued September 30, 2003.
Writ of Mandamus Granted.
Before Justices WHITTINGTON, WRIGHT, and RICHTER.
MEMORANDUM OPINION
In their petition for writ of mandamus, relators contend the Rockwall County Commissioners' Court violated a ministerial duty to order a local option election under chapter 251 of the Alcoholic Beverage Code. The facts of this original proceeding are known to the parties so we do not recite them here. Further, because all dispositive issues are clearly settled in law, we issue this memorandum opinion pursuant to rule 52.8(d) of the Texas Rules of Appellate Procedure. See Tex.R.App.P. 52.8(d). We conditionally grant the writ.
Relators assert the commissioners' court has a statutory duty to set the election at its first regular session after the registrar of voters certifies the petition contains the requisite number of signatures. Tex. Alco. Bev. Code Ann. §§ 251.01, .10, .11 (Vernon 1995). Respondents do not contest that the statutory requirements requiring the commissioners' court to order the election have been met. Rather, respondents contend that an agreement between intervenor's counsel and the county attorney suspends all action by commissioners' court on the election until resolution of the intervention.
Realtors have standing to file this action by virtue of their being signatories of the petitions at issue. Blum v. Lanier, 997 S.W.2d 259, 261-62 (Tex. 1999). There is no evidence in the record that intervenor Ann Cornelius signed the petition. Therefore, the Court questions her standing to intervene in the district court suit and to enter into an agreement with the county to stop the statutory process. Brown v. Todd, 53 S.W.3d 297, 302 (Tex. 2001). Additionally, the Court concludes that because the alcoholic beverage code does not contain a provision allowing a county and an individual to agree to suspend the code's mandatory provisions for action by a commissioners' court, any agreement to do so is void and unenforceable.
Accordingly, we conclude the Rockwall County Commissioners' Court violated its ministerial duty under chapter 251 of the Texas Alcoholic Beverage Code and conditionally GRANT the petition for writ of mandamus. The Court ORDERS the Rockwall County Commissioners' Court to place the matter on the agenda of its next regularly scheduled meeting and to act on it in compliance with its statutory duty under chapter 251 of the Texas Alcoholic Beverage Code. Should the commissioners' court fail to do so, the writ will issue.