In re Tykisha Murphy

Summary

The First Court of Appeals of Texas dismissed Tykisha Murphy’s emergency petition for writ of mandamus and injunction for lack of jurisdiction. The court held that, because no underlying trial court case was pending and the requested relief targeted county drainage district officials rather than a judge within the court’s statutory mandamus jurisdiction, it lacked authority to grant relief under the Texas Open Meetings Act.

Holdings

1. The court of appeals lacked jurisdiction to consider the petition because its writ authority under Texas Government Code section 22.221 does not permit it to issue mandamus or injunctions against county drainage-district officials, and no underlying proceeding existed whose jurisdiction could be enforced.

Questions Presented

1. Whether the Texas Court of Appeals for the First District had jurisdiction under Texas Government Code section 551.142(a) to issue mandamus or injunctive relief directly against officials of a county drainage district for an alleged Texas Open Meetings Act violation.

Disposition

dismissed