Appellant concludes that the appraisers were unaware of individual characteristics of his home which could be observed only through an inside inspection. Appellant cites, in support of his claim that mass appraisals are illegal, Del Valle Ind.School Dist. Bd. of Equal. v. Hackett, 563 S.W.2d 338, 341 (Tex.Civ.App. — Waco 1978, writ ref'd n.r.e.). In that case, the tax assessor placed an assessed value of land north of the Colorado River at 80% of its appraised value and land south of the river at 38% of its appraised value.
We disagree. In Del Valle Independent School District v. Hackett, 563 S.W.2d 338, 342 (Tex.Civ.App. Waco 1978, writ ref'd n. r. e.), the tender was not made until November 17, presumably long after suit had been filed and at a time when the assessment plan had been put into effect. At the trial of the merits, when objection was made to testimony, the trial court permitted the filing of a trial amendment to allege such tender.
See also: State v. Whittenburg, S.Ct., 153 Tex. 205, 265 S.W.2d 569. Had plaintiffs sought to enjoin defendants from putting into effect the erroneous plan of taxation, as to them, and filed such suit prior to the time such plan had been put into effect, as was done in Del Valle Ind. Sch. Dist. Bd. of Equal. v. Hackett, CCA (Waco) NRE, Tex.Civ.App., 563 S.W.2d 338, plaintiffs would have been entitled to that injunctive relief. But here plaintiffs only sought to enjoin defendants from certifying the tax rolls, and filed their suit after the tax rolls had already been certified, and after and the tax plan for 1978 had been put into effect, and were thus properly denied the injunctive relief sought. All plaintiffs' points and contentions are overruled.