City annexation suit dismissed, appeal pending
By SHANNON CRABTREE scrabtree@leader-news.com

The lawsuit challenging the city of El Campo's recent annexations was dismissed in Wharton County's 329th District Court Tuesday before a crowd of about 40, but an appeal is already pending.

Plaintiff Attorney Jason Ryan of Houston's Baker Botts announced that intention just moments after Judge Randy Clapp granted the city's motion for summary judgment on the ground that Tim Ryan, as an individual, did not have the legal right to challenge the city's annexation.

"We certainly intend to appeal and get the right decision," Ryan said, adding his client was also considering a federal lawsuit on the issue which he says revolves around the right to vote.

"We are not complaining the city failed to have particular meeting or something like that," he told the Leader-News. "This is about the right to vote. Once the city gave us the right to vote on this, it became a constitutional right. The general law is once the government gives you the right to vote on something, it cannot take it away without violating your constitutional right."

City Attorney Ronny Collins of the El Campo firm Duckett, Bouligny and Collins said he believed the court's ruling in favor of the city was the right one, but that he anticipated the appeal.

The city is not denying people a right to vote, he told the judge. Instead, it is saying the legal petition of an individual is not the appropriate way to challenge annexation.

"No disrespect to the right to vote. We just do not believe that it applies here. We don't dispute the right to vote. The question is do they have the right to an election," Collins said, adding he contends the answer is no.

On Jan. 31, Tim Ryan and Ryan Services filed suit against the city and its Council, all of whom were present at the hearing, asking the court to allow voters to decide on recent municipal annexations after three petitions to Council were discarded during the Jan. 10 City Council meeting.

At that meeting, Collins advised Council to set aside the petitions challenging annexation despite the City Charter provisions allowing them on the grounds that state law prohibiting public votes on such matters supersedes the local docu- ment.

"Individual property owners cannot challenge procedural irregularities in a municipality's annexation," Collins argued to the court in his written response.

Ryan says the Council's lack of action on petitions is far more than a procedural irregularity.

Since Tuesday's hearing dealt with the jurisdiction of the court, no other rulings were made by Judge Clapp.

"The right to vote is among the most import rights we as Americans possess and is not to be take lightly. I take very seriously the plaintiff's assertion in this case, but I do believe I am restrained by (the case law)," Clapp said in his ruling. "I am granting the plea to jurisdiction (dismissing the case) today without prejudice so that there can be a quick appeal."

That appeal would likely be filed in the 13th District Court of Appeals in Corpus Christi.