Swamp Irish Inc. v. Snow

3 Citing cases

  1. Lane v. Dickinson State Bank

    605 S.W.2d 650 (Tex. Civ. App. 1980)   Cited 28 times
    In Lane v. Dickinson, 276 Pa. 306, 120 A. 264, cited by appellant, the driveway across the sidewalk was practically of the same grade as the sidewalk except toward the curb where it descended about five inches to meet the grade of the unpaved street.

    Although summary judgment on pleadings alone is rarely appropriate, it is nevertheless authorized when the plaintiff's petition fails to state a legal cause of action. Hidalgo v. Surety Savings and Loan Association, 462 S.W.2d 540, 543, n.1. (Tex. 1971); Swamp Irish, Inc. v. Snow, 501 S.W.2d 690 (Tex.Civ.App. 1973, no writ); Gonzales v. Lubbock State School, 487 S.W.2d 815 (Tex.Civ.App. 1972, no writ). See also City of Houston v. Clear Creek Basin Authority, 589 S.W.2d 671 (Tex. 1979).

  2. Dorman v. Ferris Independent School District

    581 S.W.2d 783 (Tex. Civ. App. 1979)   Cited 3 times

    The tax plan having been placed in effect on September 19, 1978 and plaintiffs having filed their suit on September 29, 1978 the remedies of injunction and mandamus are lost as to them. City of Arlington v. Cannon, S.Ct., 153 Tex. 566, 271 S.W.2d 414; Zglinski v. Hackett, CCA (Austin) NRE, Tex.Civ.App., 552 S.W.2d 933; Milligan v. Corsicana Ind. School District, CCA (Waco) Tex.Civ.App., 381 S.W.2d 97; Jackson v. Maypearl Ind. School District, CCA (Waco) NWH, Tex.Civ.App., 392 S.W.2d 892; Blaha v. McHenry, CCA (Houston 14) NRE, Tex.Civ.App., 468 S.W.2d 186; Muncy v. Johnston, CCA (Amarillo) NWH, Tex.Civ.App., 402 S.W.2d 525; Swamp Irish, Inc. v. Snow, CCA (Corpus Christi) NWH, Tex.Civ.App., 501 S.W.2d 690. See also: State v. Whittenburg, S.Ct., 153 Tex. 205, 265 S.W.2d 569.

  3. Campbell v. Bexar

    567 S.W.2d 852 (Tex. Civ. App. 1978)   Cited 1 times

    The taxpayer must not only allege and prove that certain classes of personal property were omitted from the tax rolls and that such omission resulted in substantial injury to him in dollars, but he must also allege and prove that such omission was the result of a deliberate, arbitrary and fundamental erroneous scheme adopted and imposed by the tax officials of the taxing agency to permit the excluded classes of property to escape their fair share of the tax burden. State v. Whittenburg, 153 Tex. 205, 265 S.W.2d 569 (1954); Swamp Irish, Inc. v. Snow, 501 S.W.2d 690 (Tex.Civ.App. Corpus Christi 1973, no writ); City of Corpus Christi v. Arnold, 424 S.W.2d 492 (Tex.Civ.App. Corpus Christi 1968, writ ref'd n. r. e.); Tatton v. Aransas County, 359 S.W.2d 200 (Tex.Civ.App. San Antonio 1962, no writ). Mr. Ben Shaw, the present County Tax Assessor-Collector of Bexar County, took office on January 1, 1977. He testified that he was unaware of any plan or scheme to omit any personal property from the tax rolls since he took office, and anyone wishing to assess their personal property could do so. He operates his office with approximately 180 employees, and in accordance with the directions contained in the manual issued by the State Comptroller of Public Accounts for the assistance of tax assessors-collectors.