Court of Appeals of Texas, Third District, Austin
THE 424TH DISTRICT COURT OF BURNET COUNTY NO. 49209, THE
HONORABLE EVAN C. STUBBS, JUDGE PRESIDING
Justices Goodwin, Baker, and Kelly
J. Baker, Justice
State of Texas complains of the trial court's order
denying its petition for leave to file an information in the
nature of quo warranto, seeking to challenge the City of
Double Horn's incorporation as a municipality.
See Tex. Civ. Prac. & Rem. Code §§
66.001-.003 (governing quo warranto suits). Appellees are the
City of Double Horn and its elected officials.Because we
conclude that the State's petition for leave stated a
probable ground for a quo warranto proceeding, we will
reverse the trial court's order dismissing the
State's petition and remand this cause for further
State filed its "Petition for Leave to File an
Information in the Nature of Quo Warranto" seeking to
"declare the incorporation of the City of Double Horn,
Texas, invalid and void for failure to comply with statutory
requirements for incorporation and to remove the officers of
the City of Double Horn from office." The State alleged
that the City's incorporation as a Type-B general-law
municipality did not meet two statutory requirements: (1)
that the community intending to incorporate constitutes an
unincorporated town or village prior to incorporation, and
(2) that the proposed boundaries include only the territory
to be used strictly for municipal purposes. See Tex.
Loc. Gov't Code §§ 7.001(1), .002(b).
State attached to its petition an "Information in the
Nature of Quo Warranto," verified by its counsel, and
several exhibits. The State's petition and information
alleged the following relevant facts:
• Prior to incorporation, the City of Double Horn was a
subdivision of approximately 92 homes in Burnet County, west
of Spicewood, Texas on the north side of Texas State Highway
• The subdivision consists of homesites and a single
common area that includes a community pool and covered
• The subdivision has no wastewater utility; the homes
rely on septic.
• The subdivision obtains its water from wells, and the
water is delivered by the Double Horn Creek Water Supply
Corporation, but water is not provided to the property owned
by Spicewood Crushed Stone LLC (SCS).
• SCS owns approximately 281 acres of rural undeveloped
land adjacent to the eastern boundary of the subdivision. SCS
plans to use the tract for quarry operations after obtaining
all required permits.
• Upon learning of the proposed use for the SCS tract,
some residents of the Double Horn subdivision began
considering incorporation as a means to stop SCS from
operating a quarry on its land.
• The incorporated City of Double Horn includes within
its boundaries the Double Horn subdivision and ...