In so holding, we cited a number of cases similarly holding that alleged statutory or procedural errors render an order voidable, and not void. Id. at 579-80, citing City of San Antonio v. Summerglen Property Owners Ass'n Inc., 185 S.W.3d 74, 84 (Tex.App.--San Antonio 2005, pet. denied)(statutory provisions that do not limit the area or type of land a city can annex, i.e., do not restrict the city's annexation authority, are procedural requirements that could make the annexation voidable, but not void); Gaston v. State, 63 S.W.3d 893, 898 (Tex.App.--Dallas 2001, no pet.)(failure by trial court to adhere to procedural requirements when entering judgment does not render a conviction void, but voidable). The State similarly points us to several unpublished opinions where defendants were convicted of violating a protective order and sought to collateral attack the protective order upon which their criminal conviction was based.

Defects in the “process of adopting an annexation ordinance” cannot be challenged outside of a quo warranto proceeding. City of San Antonio v. Summerglen Prop. Owners Ass'n Inc., 185 S.W.3d 74, 83 (Tex.App.-San Antonio 2005, pet. denied). For example, in City of Wilmer v. Laidlaw Waste Sys. (Dallas), Inc., a private party, who challenged a city's annexation conducted under section 43.024, complained that “[o]ne of the persons who signed the annexation petition was not an inhabitant of the area annexed.”

The Town cites City of San Antonio v. Summerglen Property Owners Ass'n, in support of its contention that Spiritas lacks standing. 185 S.W.3d 74, 85-86 (Tex.App.-San Antonio 2005, pet. denied). However, that case involved property that was already included in the city's three-year annexation plan; thus, the arbitration right set forth in section 43.052 was not applicable.

The Town cites City of San Antonio v. Summerglen Property Owners Ass'n, in support of its contention that Spiritas lacks standing. 185 S.W.3d 74, 85-86 (Tex.App.-San Antonio 2005, pet. denied). However, that case involved property that was already included in the city's three-year annexation plan; thus, the arbitration right set forth in section 43.052 was not applicable.