Texas Supreme Court sides with city in lawsuit
By SHANNON CRABTREE scrabtree@leader-news.com

The Texas Supreme Court dismissed a challenge to the upcoming El Campo city election Friday along with a citizen's claim recent municipal annexations were invalid.

With early voting starting Monday, the ruling apparently clears any questions of the validity of May ballots or the status of three at-large Council members who ultimately will be elected from the field of seven candidates.

El Campo City Attorney Ronny Collins learned of the ruling Friday morning.

"In my book, it's over," he told the Leader- News. "We felt we were right all along. Hopefully we can put this aside and all move forward."

After losing the argument in district and an appeals court, Tim Ryan and Ryan Services asked the state supreme court to either rule on whether recent El Campo annexations should be put to a public vote or stop the May election until a decision could be rendered.

Friday, Ryan's attorney said no decision had been made on whether the issue would continue to be fought.

"Hundreds signed a petition against what four members of City Council wanted. I don't characterize that (the court decision) as a win for the citizens of El Campo. It confirms they don't have a voice which is disappointing and the reason why we may decide to continue," attorney Jason Ryan said.

Ryan said he could file a request for rehearing of the case.

The status of City Council candidate Jimmy Roppolo was the basis for the request. Roppolo lives in one of the areas annexed Dec. 11 and could only run for office if the annexations were legal.

The suit also challenged the right of those in annexed areas to vote on the grounds the procedure had been voided based on a city charter provision which municipal attorney Collins advised was superseded by annexation law.

"What it generally means when the supreme court denies a petition is that they are saying there was no error in the case; that the lower court correctly decided it," Collins said.

The recent ruling was the last court in the state that the case could be presented, he added.

"They are done in state court," Collins said. "There is not anything now pending that could possibly stop the election."

A federal case could be filed if Ryan so chooses, Collins said, but added, "It would be frivolous if they do."

Ryan said he hoped to consult with his client within the next few days to decide on what, if any, action would be taken at this point.