In re Jim Hollis and Christopher Juusola

Summary

The Texas Court of Appeals, Third District, denied a petition for writ of mandamus seeking to compel the Buda City Council to submit an amendment concerning land use in the city's extraterritorial jurisdiction to voters through the municipal referendum process. The court held that the amendment was not legislative in character because it operated through a temporary development agreement and therefore was not subject to the referendum provisions of Buda's city charter.

Holdings

1. Amendment No. 3 was not legislative in character because it changed the land-use designation of property in the City's extraterritorial jurisdiction pursuant to a development agreement with the landowner, rather than through a legislative act. Its temporary nature further demonstrated that it was not a legislative act and therefore was not subject to the City's initiative and referendum process.
2. The petition for writ of mandamus was denied because Amendment No. 3 was not subject to the referendum process.

Questions Presented

1. Whether the City Council's approval of Amendment No. 3 constituted an ordinance or other legislative act subject to the referendum process under Buda's City Charter.
2. Whether the relators were entitled to mandamus relief compelling the City Council to submit Amendment No. 3 to the voters.

Disposition

writ_denied